Criminal practice – Directions to jury – Distress evidence – Where respondent found guilty of offences against two complainants – Where evidence of pre-trial distress when one complainant made complaint – Where trial judge gave directions in relation to evidence of complainant's distress – Whether trial judge's directions invited jury to use distress evidence as independent support for complainant's account – Whether directions occasioned substantial miscarriage of justice – Whether Court of Appeal's reasoning contrary to R v Churchill (a pseudonym) (2025) 99 ALJR 719; 422 ALR 265 – Whether evidence inadmissible under s 137 of Evidence Act 2008 (Vic) – Whether miscarriage of justice because prosecutor described distress evidence as "independent evidence".
Words and phrases – "alleged offending", "capable of supporting", "causal connection", "circumstantial evidence", "corroboration", "credit", "direction", "distress evidence", "hearsay rule", "historical evidentiary rules", "independent evidence", "indirect evidence", "pre-trial distress evidence", "probative value", "sexual offence", "substantial and compelling reasons", "substantial miscarriage of justice", "unfair prejudice", "unreliable", "weight".
Evidence Act 2008 (Vic), ss 55, 56, 66, 137.
Jury Directions Act 2015 (Vic), ss 12, 15, 16, 31, 32.