Suresh v The Queen

[1998] HCA 23
Judgment date
Case number
P39/1997
Before
Gaudron, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Criminal law - Sexual offences - Prior complaint evidence - Admissibility - Requirement that evidence of complaint be early or recent.

Criminal law - Sexual offences - Prior complaint evidence - Effect of admission of prior consistent complaint evidence on credibility of complainant - Whether accused deprived of chance of acquittal that is fairly open where prior consistent complaint evidence wrongly admitted - Application of proviso.

Criminal law - Sexual offences - Prior complaint evidence - Summing up to jury - Jury directed that complaint evidence relevant to identification of accused as sexual offender. 

Criminal law - Prior inconsistent statement - Complaint evidence relied on by defence as prior inconsistent statement - Admissibility of prior inconsistent statement - Purpose of rules governing admissibility of prior inconsistent statements.

Criminal law - Whether prior complaint evidence should be led which does not specifically identify accused - Relevance and probative value of prior complaint evidence which does not specifically identify accused.

The Criminal Code (WA), s 689(1).

Evidence Act 1906 (WA), ss 20, 21, 22 and 36BC.