Police questioning of an accused about why a complainant was upset or went to a friend's house does not necessarily engage the Palmer v R principle where the questions are directed to seeking an explanation for the complainant's observed condition and conduct rather than to demonstrating the accused's inability to identify a motive for the complainant to lie. Where such evidence is admitted without objection as a deliberate tactical decision by experienced defence counsel, the trial judge is not necessarily required to give a Palmer direction. The distinction turns on the true point and effect of the questions in the particular circumstances of the case.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.