Where the Crown case on penetration in a rape charge rests entirely on the accused's vague and uncertain statements made while intoxicated, and the complainant gives no evidence of penetration despite being aware of less intrusive conduct, the evidence is insufficient to prove penetration beyond reasonable doubt, but a conviction of attempted rape may be substituted under s 668F(2) of the Criminal Code (Qld). In joint trials, the risk that one co-accused's police interview may bolster the complainant's credibility against the other co-accused can be adequately addressed by clear, emphatic and repeated judicial directions.
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