Gaunt v The King

[2024] VSCA 311

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for extension of time to seek leave to appeal against conviction
4. › Rape
5. › Whether proposed grounds of appeal have merit
6. › Relevance of merits to exercise of discretion to extend time
1. Criminal Law
2. › Trial
3. › Jury directions
4. › Other misconduct evidence
5. › Whether evidence of conduct forming part of same transaction as offending is 'directly relevant to a fact in issue'
6. › Whether direction required absent request where substantial and compelling reasons not established
7. › Jury Directions Act 2015 (Vic), ss 12, 15, 16, 26, 27, 29
1. Criminal Law
2. › Trial
3. › Jury directions
4. › Belief in consent
5. › Intoxication
6. › Whether trial judge adequately directed jury to consider evidence of intoxication in assessing accused's belief in consent
7. › Crimes Act 1958 (Vic), ss 37, 37AA

Quick Take

Evidence of sexual conduct forming part of the same connected series of events as the charged offence is 'directly relevant' to a fact in issue and falls outside the definition of 'other misconduct evidence' in s 26(c) of the Jury Directions Act 2015, such that no separate 'other misconduct' direction is required.

Case Details

Citation[2024] VSCA 311

CourtVSCA

JurisdictionVictoria

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Relies on16

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2018Quinn (a Pseudonym) v The QueenVSCA 82
2017Dunn (a Pseudonym) v The Queen; Watts (a Pseudonym) v The QueenVSCA 371
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