The Queensland Court of Appeal allowed the appeal against conviction and ordered a new trial, holding that the trial judge erred in permitting the prosecution to lead fresh evidence in rebuttal where no exceptional circumstances existed to justify departing from the principle that the prosecution must present its case completely before the accused is called upon. The Court also considered whether the requirements of s 18 of the Evidence Act 1977 (Qld) were satisfied for evidence relied upon as proof of a previous inconsistent statement, and whether the trial judge should have directed the jury on the adverse impact upon the complainant's credibility where an explanation for lack of fresh complaint was rejected.
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