The test for admissibility of fresh complaint evidence in Queensland sexual offence proceedings is not whether the complaint was made at the 'earliest reasonable opportunity' but whether, having regard to the circumstances surrounding the complaint including the time elapsed, the complaint is capable of supporting the credibility of the complainant. A second complaint to a different person may be admissible where it is a spontaneous and natural sequence capable of being seen as conduct consistent with the complainant's account. Relevant circumstances include those personal to the complainant such as age, reasons for delay, and whether the complaint was spontaneous or prompted.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.