The King v Ryan Churchill (a pseudonym)

Criminal practice – Directions to jury – Distress evidence – Where respondent found guilty of two sexual offences against complainant – Where evidence of pre-trial distress of complainant when making complaint – Where trial judge gave circumstantial evidence direction in relation to evidence of complainant's distress – Whether trial judge's directions in relation to use jury could make of pre-trial distress evidence gave rise to substantial miscarriage of justice – Whether substantial and compelling reasons for trial judge to warn jury of necessity of finding causal link between distress and offending – Whether substantial and compelling reasons for trial judge to warn jury that distress evidence generally carries little weight.

Words and phrases – "causal connection", "circumstantial evidence", "complainant", "corroboration", "credibility", "direction", "distress", "distress accompanying complaint", "hearsay", "historical common law evidentiary rules", "indirect evidence", "jury", "miscarriage of justice", "pre-trial distress", "relevance", "sexual offence", "substantial and compelling reasons", "substantial miscarriage of justice", "unreliable", "weight".

Evidence Act 2008 (Vic) – ss 55, 56, 59, 66, 135, 136, 137, 164.

Jury Directions Act 2015 (Vic) – ss 16, 31, 34, 54K, 61, 62.