A Weissensteiner direction is impermissible where the prosecution case depends on direct evidence of the complainant rather than circumstantial inference; the trial judge may not direct the jury that the absence of evidence from the accused may lead them more readily to find prosecution facts proved. A false denial by a suspect at a police station is not an 'admission' within s 570D(2) of the Criminal Code and therefore the video recording requirement does not apply to such statements. A balancing direction is not required in every case after a s 36BD direction regarding delay in complaint; whether one is required depends on the circumstances, including the length of delay and the reasons for it. A sentence of 14 years for a planned sexual assault involving targeting of a vulnerable intoxicated woman, forcible detention, and degrading circumstances was not manifestly excessive.
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