Papakosmas v The Queen

[1999] HCA 37
Judgment date
Case number
S139/1998
Before
Gleeson CJ, Gaudron, McHugh, Kirby, Hayne JJ
Catchwords

Evidence – Criminal trial – Sexual assault – Evidence of recent complaint – Hearsay evidence – Whether evidence of recent complaint relevant to facts in issue – Relationship between common law and Evidence Act 1995 (NSW) – Whether use of evidence unfairly prejudicial or misleading or confusing – Limiting use of evidence – Direction to jury.

Criminal law and procedure – Appeal – Criminal trial – Objection not taken at first instance – Whether leave to argue should have been granted.

Words and phrases – "relevance", "unfairly prejudicial".

Evidence Act 1995 (NSW), ss 9, 55, 56, 59, 66, 136.

Criminal Appeal Rules (NSW), r 4.