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Judgment date
Case number
B12/2006
Before
Kirby, Hayne, Callinan, Heydon, Crennan JJ
Catchwords
Evidence – Criminal trial - Sexual offence - Uncorroborated evidence - Delay in making of complaint - General rule from Longman v The Queen (1989) 168 CLR 79 requiring warning of danger of conviction - Whether trial judge bound to give a warning in present case - Duty to make comments in interests of justice - Requirement of fair trial - Conviction depended on evidence of complainant alone - Whether need for warning or comment as referred to in Robinson v The Queen (1999) 197 CLR 162.
Evidence – Criminal trial - Sexual offence - Evidence of uncharged acts - Whether admissible as relationship evidence - Whether subject to the constraints imposed for the admissibility of similar fact or propensity evidence.
Words and phrases – "delay", "Longman warning", "propensity evidence", "similar fact evidence", "uncharged acts", "uncorroborated evidence".
Criminal Code (Q) – ss 229B, 632.
Criminal Law (Sexual Offences) Act 1978 (Q) – s 4A.
Evidence Act 1977 (Q) – Div 4A, subdiv 3.