Criminal law – Evidence – Sexual assault – Expert evidence excluded under s 409B of Crimes Act 1900 (NSW) – Whether evidence of prior sexual assault is evidence of prior sexual activity or experience – Whether s 409B applies only to evidence of consensual prior sexual activity or experience.
Evidence – Admissibility of expert opinion under Evidence Act 1995 (NSW) – Expert opinion must be within field of specialised knowledge – Whether expert opinion must be based on facts themselves admissible – Whether parts of opinion severable.
Criminal law – Practice and procedure – Refusal to grant adjournment for purposes of calling expert evidence – Whether refusal constituted miscarriage of justice.
Crimes Act 1900 (NSW), s 409B.
Evidence Act 1995 (NSW), ss 76, 79, 102.