Where complaint evidence in sexual assault cases is admitted without reference to the Evidence Act 1995, and the only apparent basis for admission is s 108(3)(b), the failure to seek or obtain leave is an error capable of grounding an appeal even absent objection at trial. Directions on delay in complaint must go beyond the s 405B direction and address the specific forensic disadvantage to the accused, linked to the evidence in the case. Where the defence amounts to lack of opportunity during the period specified in the indictment, time becomes essential and the Crown must prove the offence occurred within the dates specified. Section 405AA does not relieve the trial judge of the obligation to relate evidence to directions of law or to sum up the respective cases.
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