A consent direction under s 348 of the Criminal Code (Qld) need not include a requirement that the complainant was unable to exercise freedom of choice; consent may not be freely and voluntarily given even where the complainant was physically able to leave. The test for miscarriage of justice from non-disclosure remains whether the withheld material could have made a difference to the verdicts, but where the complainant's credibility was already substantially impaired by cross-examination on the same matters, non-disclosure of a victim impact statement containing similar material will not satisfy that test.
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