Victorian Numbered Acts Victorian Numbered Acts(1) The prosecution or defence counsel may request under section 12 that the trial judge direct the jury on reasonable belief in consent.
(2) In making a request referred to in subsection (1), the prosecution or defence counsel (as the case requires) must specify one or more of the directions set out in subsection (3).
(3) For the purposes of subsection (2), the prosecution or defence counsel may request that the trial judge—
(a) direct the jury that if the jury concludes that the accused knew or believed that a circumstance referred to in section 34C of the Crimes Act 1958 existed in relation to a person, that knowledge or belief is enough to show that the accused did not reasonably believe that the person was consenting to the act; or
(b) direct the jury that in determining whether the accused who was intoxicated had a reasonable belief at any time—
(i) if the intoxication was self-induced, regard must be had to the standard of a reasonable person who is not intoxicated and who is otherwise in the same circumstances as the accused at the relevant time; and
(ii) if the intoxication is not self-induced, regard must be had to the standard of a reasonable person intoxicated to the same extent as the accused and who is in the same circumstances as the accused at the relevant time.
Note
Section 14 requires the trial judge to give this direction, if requested,
unless there are good reasons for not doing so.
Section 16 requires the trial
judge to give a direction if the trial judge considers that there are
substantial and compelling reasons for doing so.
Division 2—Delay and credibility