R v G E C

(2001) 3 VR 334; [2001] VSCA 146

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Trial
3. › Directions to jury
4. › Failure of prosecution to adduce evidence from witness on relevant topic
5. › Jones v Dunkel direction
6. › Whether principle applies where witness called but not examined on particular matter
7. › Whether neutral direction adequate
1. Criminal Law
2. › Trial
3. › Directions to jury
4. › Sexual offences
5. › Delay between alleged conduct and charges
6. › Longman direction
7. › Interaction with Jones v Dunkel direction
8. › Whether Longman direction adequate where inferences from absent evidence available
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Sexual offences
5. › Whether verdicts unsafe and unsatisfactory
6. › Uncorroborated evidence of complainant
1. Evidence
2. › Inferences
3. › Jones v Dunkel principle
4. › Extension to witness called but not examined on relevant topic
5. › Application in criminal proceedings

Quick Take

The Jones v Dunkel principle applies not only where a party fails to call a witness but also where a party calls a witness and fails to examine the witness in chief on a topic within the witness's expected knowledge. In criminal trials involving sexual offences, where a Longman direction is required due to delay, the trial judge must also give a Jones v Dunkel direction where inferences from the prosecution's failure to adduce available evidence are open to the jury; a standard Longman direction alone is inadequate in such circumstances.