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R v Kalisa [2024] QCA 198

In the case of R v Kalisa [2024] QCA 198, the Supreme Court of Queensland addressed an appeal against both conviction and sentence related to a rape charge. The appellant, Tuombe Kalisa, contended that a miscarriage of justice occurred due to the trial judge's failure to direct the jury regarding section 24 of the Criminal Code, which involves mistaken belief regarding consent. The appellant argued that even though defense counsel did not rely on this section at trial, the evidence presented could have fairly raised the possibility of an honest and reasonable but mistaken belief that the complainant had consented. The Court of Appeal, comprising Dalton and Flanagan JJA, and Ryan J, saw merit in this argument and decided that the original conviction should be set aside, ordering a retrial.


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