Cook (a pseudonym) v The King

Criminal law – Sexual offences – Appeal against conviction – Admissibility of evidence – Where appellant convicted of sexual offences against child complainant – Where complainant previously sexually assaulted by another person – Where complainant allegedly disclosed previous sexual assaults in detail to appellant – Where appellant sought to call evidence and cross-examine complainant regarding previous sexual assaults – Where s 293(3) of Criminal Procedure Act 1986 (NSW) prohibits admission of evidence of complainant's sexual experience or sexual activity – Whether evidence admissible under exception to s 293(3) contained in s 293(4)(a) or (b) – Whether evidence formed part of connected set of circumstances in which alleged offending by appellant occurred – Whether evidence related to relationship between appellant and complainant – Whether jury misled by description of previous sexual assaults as "physical assaults" – Whether acquittal of appellant required to avoid new trial that would be unfair to appellant because such evidence inadmissible.

Words and phrases – "characterisation of sexual experience", "connected set of circumstances in which the alleged sexual assault occurred", "evidence of sexual activity", "evidence of sexual experience", "forensic disadvantage", "miscarriage of justice", "permanent stay", "power to decide whether to acquit", "probative value", "relates to a relationship", "relationship between the accused person and the complainant", "relationship of trust and confidence", "sexual activity", "sexual experience", "unfair trial".

Criminal Appeal Act 1912 (NSW) – ss 6, 8.

Criminal Procedure Act 1986 (NSW) – ss 293(3), 293(4)(a), 293(4)(b), 294CB.

Evidence Act 1995 (NSW) – ss 55, 56.