Sharman v The King

[2025] VSCA 151

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Unreasonable verdict
5. › Whether verdict unreasonable or cannot be supported having regard to evidence
6. › Whether Crown proved absence of reasonable grounds for belief complainant aged 16 or older
7. › Crimes Act 1958 (Vic), s 45(4)(a)
8. › Criminal Procedure Act 2009 (Vic), s 276(1)(a)
1. Criminal Law
2. › Sexual offences
3. › Sexual penetration of child under 16
4. › Defence of consent
5. › Reasonable belief as to age
6. › Onus on prosecution to disprove reasonable grounds for belief
7. › Crimes Act 1958 (Vic), s 45(1), s 45(4)(a)

Quick Take

Where the prosecution relies on s 45(4)(a) of the Crimes Act 1958 to negate the consent defence, the absence of evidence about the complainant's physical appearance, demeanour, or any communication of age to the accused may be fatal to the Crown case, particularly where the complainant's behaviour was consistent with being 16 or older.

Case Details

Citation[2025] VSCA 151

CourtVSCA

JurisdictionVictoria

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Relies on4

2022Dansie v The QueenHCA 25
1994M v RHCA 63
The King v ZTHCA 9
R v HillierHCA 13

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