In R v GBN [2024] QCA 112, the appellant, referred to as GBN, was convicted of one count of rape in the District Court on 1 September 2023. GBN appealed the conviction on the grounds that the verdict was unreasonable and could not be supported by the evidence presented. The Crown alleged that GBN digitally penetrated the complainant without consent during the early hours of 29 September 2019. GBN did not dispute the act but argued that the complainant consented, or alternatively, he had an honest and reasonable but mistaken belief that she consented, supported by s 24 of the Criminal Code (Qld). The jury's decision focused heavily on the credibility and reliability of the complainant's account against preliminary complaint and distress condition evidence, alongside the absence of immediate resistance or protest by the complainant during the incident.
Upon review, the Court of Appeal dismissed the appeal. The judges, referring to the extensive evidence and trial proceedings, concluded that the jury had the clear authority to believe the complainant beyond reasonable doubt and that the verdict was not unreasonable. They emphasised the jury's advantage in directly observing the witnesses and the supported findings, which proved that GBN either disregarded or misinterpreted the complainant's non-consent, upholding the original conviction.