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Cited documents 4
Act
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Citizenship and Immigration
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Education
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Environment, Climate and Wildlife
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Health and Food Safety
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Human Rights
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International Law
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Labour and Employment
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Public administration
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Judgment
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Special leave granted; rape conviction overturned due to unreliable corroboration and failure to prove guilt beyond reasonable doubt.
* Criminal law – appeal – special leave under s 16(1)(b) Superior Courts Act – manifest failure of justice.
* Evidence – sexual offences – assessment of complainant’s credibility where material contradictions exist.
* Corroboration – J88 medical report insufficient alone to prove non-consensual intercourse; prosecution should call forensic medical examiner to explain findings.
* Witness evidence – limited nighttime observations may be unreliable and insufficient to corroborate complainant.
* Standard of proof – State must prove guilt beyond reasonable doubt; conviction unsafe where corroboration is unreliable.
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Reported
Multiple penetrations in one encounter may be charged as a single rape; 15-year sentence upheld despite prescribed life option.
Criminal law – Sexual offences – Rape – Multiple penetrations during a single encounter may be charged as one count – Part I Schedule 2 read with s 51(1) prescribes life where victim raped more than once – adequacy of charge and warning ascertained in open court – substantial and compelling circumstances can justify lesser sentence.
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