R v VERCHER

The Court of Appeal of Queensland considered an appeal by the applicant, R, against his conviction for unlawful sexual intercourse. The applicant had been convicted following a trial in the District Court.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in failing to direct the jury on the defence of honest and reasonable belief that the complainant had consented to the sexual intercourse. The applicant argued that such a direction was necessary given the evidence presented at trial.

The Court of Appeal analysed the relevant provisions of the *Criminal Code* (Qld) and the High Court's decision in *DPP v Morgan*. It held that where there is evidence from which a jury might infer that the accused genuinely believed that the complainant consented, even if that belief was unreasonable, the jury must be directed on the issue of consent. The Court found that the evidence in this case was capable of supporting such an inference, and therefore the failure to direct the jury on the defence of honest and reasonable belief constituted a material misdirection.

The Court of Appeal allowed the appeal, quashed the conviction, and ordered a new trial.