A trial judge's summing up is not unbalanced merely because more time is spent on the complainant's evidence where the defence case is denial or consent and most evidence central to the offences comes from the complainant. Improper cross-examination suggesting a complainant would only complain when the complaint was true does not necessarily occasion a miscarriage of justice where the questioning was brief, interrupted by objection, abandoned, and not further relied upon. A sentencing judge must consider the effect of Part 9A of the Penalties and Sentences Act 1992 (Qld) when imposing a sentence that triggers its application.
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