In the case of R v KBG [2024] QCA 45, the Supreme Court of Queensland dealt with an appeal against conviction for three counts of rape. The appellant was found guilty following a jury trial where the central issue was whether the complainant did not consent to the sexual encounters in question. During the appeal, much emphasis was placed on the use of evidence from an earlier encounter between the appellant and the complainant which was portrayed by the prosecution as indicative of the appellant’s intent to engage in non-consensual sexual activity. The Court of Appeal scrutinized the submission and the trial judge's directions regarding this evidence. The appellant's case highlighted a significant legal debate on the influence this evidence might have had on the jury's perception of consent and the appellant's character. The Court ultimately decided that the initial portrayal of the appellant’s intentions and the subsequent judicial directions possibly led to a miscarriage of justice, thereby setting aside the convictions and ordering a retrial.
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