R v RBQ

[2026] QCA 13

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Conduct of defence counsel
5. › Forensic decisions
6. › Whether failure to cross-examine on photographs and videos and failure to call accused to give evidence amounted to miscarriage of justice
1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Particular circumstances not amounting to miscarriage
5. › Misdirection or non-direction
6. › Mistake of fact in relation to consent
7. › Whether evidence adduced at trial raised issue of mistaken belief as to consent requiring direction
8. › Criminal Code (Qld), ss 24, 348, 348A

Quick Take

The amended s 348(3) (silence does not equal consent) and s 348A(3) (voluntary intoxication irrelevant to reasonableness of belief) significantly reduce the evidentiary basis for raising mistake of fact as to consent in sexual offence trials.

Case Details

Citation[2026] QCA 13

CourtQCA

JurisdictionQueensland

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Relies on2

2018R v MakaryQCA 258
2002TKWJ v RHCA 46
R v MillarQCA 276
R v KalisaQCA 198

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