A person is charged with Sexual Assault.

A person is charged with Sexual Assault. He wishes to rely on the defence of mistaken belief in consent. It is now the end of the trial, and the trial judge has to decide whether or not to let the jury consider the defence of mistake. Which of the following is true about the "air of reality" test that applies at this stage of the trial? ("—3, The trial Judge MUST instruct the jury to consider the defence of mistake, since T the accused has requested this. (“3, The trial Judge needs to charge the jury on the defence of mistake ONLY if the ._. I trial Judge is convinced that the defence would succeed. ,i" ‘3, The trial Judge needs to charge the jury on the defence of mistake ONLY if the ‘ trial Judge believes the accused. (""3 The trial Judge needs to charge the jury on the defence of mistake ONLY if there _ / is some evidence that (a) supports the defence of mistake and (b) could, if the jury believes that evidence, cause the jury to acquit the accused. (32" It is entirely at the trial Judge’s discretion whether or not to let the jury consider the defence; the trial Judge does not have to have any reasons for their decision, it could be based on a coin toss if the trial Judge wants. if”, The defence of mistaken belief in consent does not exist in Sexual Assault cases, ‘___/ and therefore the trial Judge is NOT allowed to instruct the jury on the defence of mistake.