Section 80D of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) permits the jury to consider the reasonableness of a mistaken belief as to consent only as an evidentiary consideration informing whether the accused genuinely held the belief; it does not impose an objective reasonableness threshold. A direction that a mistaken belief must be objectively reasonable to be relevant is a fundamental misdirection. Separately, it is not sufficient to direct the jury that an accused is not obliged to give evidence; the jury must be expressly warned that no adverse inference can be drawn from the accused's silence.
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