Parker (a pseudonym) v The Queen

The appellant, Parker, was convicted of the crime of rape and sought leave to appeal against that conviction. The appeal was heard in the Court of Appeal of the Supreme Court of Victoria. The central issue in this case was whether the trial judge had inadequately or misdirected the jury regarding the unreliability of the complainant's evidence due to intoxication. Additionally, the appellant argued that the trial judge had enlarged the prosecution's case in the charge to the jury and that the prosecution's case was not sufficiently clear about the basis on which it was being conducted.

The Court of Appeal examined the trial judge's directions to the jury and found that the directions were not inadequate or misdirections. The court held that the prosecution reference to incapacity to consent in the oral opening, along with other indirect references, was sufficient to demonstrate that the prosecution's case was being conducted on the basis that the complainant was unable to consent. The court also clarified that the complainant actively refusing consent and being incapable of consenting were not mutually exclusive bases for the second element of rape. The Court of Appeal found that the trial judge's directions were adequate and that the prosecution's case was properly conducted. Consequently, the appeal against the conviction was refused.

The Court of Appeal granted the appellant's application for an extension of time to file a notice of application to seek leave to appeal. The appellant's leave to appeal against the conviction was granted, but the appeal against the conviction was ultimately refused.