High Court of Australia

Libke v The Queen [2007] HCA 30

230 CLR 559; 81 ALJR 1309; 235 ALR 517

20 Jun 2007

Case Number: B1/2007


Gleeson CJ, Kirby, Hayne, Callinan, Heydon JJ


Criminal law – Practice and procedure – Cross-examination – Appellant convicted at trial before jury of certain sexual offences against intellectually impaired person – Whether "miscarriage of justice" under s 668E(1) of Criminal Code (Q) by reason of manner in which prosecutor conducted cross-examination of appellant – Role of trial judge during the cross-examination – Application of the "proviso" in the circumstances – Requirements of Weiss v The Queen (2005) 224 CLR 300.

Criminal law – Practice and procedure – Directions to jury – Whether trial judge gave adequate directions on issue of consent as it related to cognitive capacity and intellectual impairment – Whether trial judge gave adequate directions on defence provided by s 216(4) of Criminal Code (Q) that accused had belief on reasonable grounds that person was not intellectually impaired.

Words and phrases – "cognitive capacity to give consent", "intellectually impaired person".

Criminal Code (Q) – ss 24, 216, 229F, 348(1), 348(2), 349(2)(a), 668E(1).

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