Mustafa Can v The Queen - SC 54/2007
Summary
Criminal – sexual violation – s 128 Crimes Act 1961 – whether the jury direction on the applicant’s reasonable belief in consent, based on the test in R v Gutuama (Court of Appeal, CA 275/01, 13 December 2001), was in conflict with the statutory language in s 128 Crimes Act 1961 – whether expert evidence as to the intellectual limitations of the complainant was wrongly admitted.CA 492/05 16 July 2007
Result
Application for leave to appeal dismissed. 27 November 2007
Related Documents
Leave judgment - leave dismissed — MUSTAFA CAN v R SC 54/2007 [27 November 2007] (PDF 19 KB)
Additional Information