s. 20 show that the act took place without the person's consent; or (d) warn the jury that evidence of the following alone is not enough to regard a person as having consented to an act— (i) evidence that the person did not protest or physically resist; or (ii) evidence that the person did not sustain physical injury; or (iii) evidence that on any particular occasion the person consented to another act that is sexual in nature (whether or not of the same type) with the accused or with another person. (4) For the purposes of subsection (2)(b), the prosecution or defence counsel may request that the trial judge— (a) inform the jury of the relevant circumstances in which the law provides that a person does not consent to an act; or Note Section 34C of the Crimes Act 1958 sets out these circumstances. (b) direct the jury that if the jury is satisfied beyond reasonable doubt that a circumstance referred to in section 34C of the Crimes Act 1958 existed in relation to a person, the jury must find that the person did not consent to the act.
show that the act took place without the person's consent; or (d) warn the jury that evidence of the following alone is not enough to regard a person as having consented to an act— (i) evidence that the person did not protest or physically resist; or (ii) evidence that the person did not sustain physical injury; or (iii) evidence that on any particular occasion the person consented to another act that is sexual in nature (whether or not of the same type) with the accused or with another person. (4) For the purposes of subsection (2)(b), the prosecution or defence counsel may request that the trial judge— (a) inform the jury of the relevant circumstances in which the law provides that a person does not consent to an act; or Note Section 34C of the Crimes Act 1958 sets out these circumstances. s. 20 (b) direct the jury that if the jury is satisfied beyond reasonable doubt that a circumstance referred to in section 34C of the Crimes Act 1958 existed in relation to a person, the jury must find that the person did not consent to the act.