In joint trials of sexual offences involving multiple complainants where similar fact evidence is not asserted, the trial judge must give a clear direction that the evidence of one complainant cannot be used to strengthen the case on counts involving the other complainant. Where motive to lie is a significant issue, the jury must be warned that even if they reject the suggested motive, the complainant may still not be telling the truth. A direction on delay in complaint under s 36BD of the Evidence Act 1906 (WA) should be balanced by a direction that the jury may use the delay as relevant to both credibility and the truth of the allegations.
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