In R v SEH [2024] QCA 114, the appellant, referred to as SEH, was found guilty by a jury of one count of rape and subsequently appealed against his conviction. The offence occurred on 31 March 2021, when the complainant, who had consumed alcohol, cannabis, and prescription medication, visited the appellant's house, leading to the incident. The key issue at trial was whether the complainant had the cognitive capacity to provide consent and if the appellant had an honest and reasonable, but mistaken, belief regarding the complainant's consent. The appellant contended that the combination of substances the complainant consumed impaired her memory, raising the possibility that consensual intercourse occurred. The Court of Appeal dismissed the appeal, affirming the jury's determination that the complainant lacked the capacity to consent due to her intoxicated state and that the appellant's belief in her consent was neither honest nor reasonable. Consequently, the jury's guilty verdict was upheld.
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