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Platt, Damien Aubrey v The Queen; Director of Public Prosecutions [DPP] v Platt, Damien Aubrey [2020] VSCA 130

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Priest, Beach and McLeish JJA
Parties: 

Platt, Damien Aubrey v The Queen; Director of Public Prosecutions [DPP] v Platt, Damien Aubrey

Judgment Date: 
21 May 2020
Catchwords: 

CRIMINAL LAW - Appeal - Conviction - Rape - Applicant gave evidence at trial - Trial judge's directions on applicant's evidence apt to reverse onus of proof - Whether trial judge erred in failing to permit cross-examination on sexual relationship - Whether wrong directions on consent and belief in consent - Whether judge erred in failing to give directions on complainant's absence of motive to lie - Whether verdict unsafe and unsatisfactory - Appeal allowed - New trial ordered.

Citation: