602 Due to what I find to be Mr Lehrmann's frame of mind of non-advertent recklessness, the information element has been made out.
Little question inadvertently, nonetheless, a few of the submissions, when articulated, got here close to suggesting that to seek out the respondents' onus had been discharged, it was necessary I exclude all reasonable hypotheses in keeping with the rape not having occurred (as if I was determining the case past cheap doubt).
I've little doubt that the peculiar particular person on the Belconnen omnibus, who went house to look at the Project programme, would think a man would have raped a girl if he was so bent on his gratification and indifferent to the rights of the woman that he ignored or was indifferent to the requirement for her consent.
591 Given what I've discovered about it being possible Ms Higgins didn't expressly voice her resistance, and the other findings I have fabricated from their interactions (that Ms Higgins was "like a log"
, I do not consider I can be positively glad on the steadiness of probabilities that Mr Lehrmann turned his thoughts to consent and had, at the related time, a state of mind of actual cognitive awareness that Ms Higgins didn't consent to having intercourse.
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