R. v. GRASSO

[1950] VLR 21·FULL COURT (MacFARLAN, FULLAGAR and DEAN JJ.)
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[1950] VLR 21
1950 VLR 21
R. v. GRASSO Supreme Court of Victoria FULL COURT (MacFARLAN, FULLAGAR and DEAN JJ.) June 1, 2, 28 June 1949 Criminal law — Evidence — Corroboration — Direction to jury — Defence not raised by accused — Charge of assault with intent to rape — Need for direction as to intent — Alternative counts charged — Conviction on one count — Power of Full Court to substitute verdict of guilty on other count .

While as a general rule a Judge is not bound to put to the jury possible defences not raised by or on behalf of the accused, on a charge of assault with intent to rape, where the evidence of the intent is that of the prosecutrix alone, a specific direction as to the intent, and as to the evidence from which the inference of intent may or may not be drawn, should be given.

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[1950] VLR 21

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