In sexual assault trials where the Crown case depends on the uncorroborated testimony of a single complainant, a trial judge should not suggest to the jury possible explanations for deficiencies in the complainant's evidence that were not advanced by the Crown, as such interventions may improperly direct the jury's assessment of credibility. Medical history evidence given to an examining doctor is admissible only to the extent it is relevant to the opinion being expressed; portions of the history unrelated to the opinion should be excluded. When granting leave under s108(3)(b) of the Evidence Act 1995, a trial judge need not expressly refer to s192(2) provided the relevant matters are substantively considered.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
10 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.