A VATE tape of a child complainant's evidence-in-chief admitted under s 37B of the Evidence Act 1958 (Vic) must not, as a general rule, be given to the jury for use in the jury room during deliberations. If the jury requests to review the tape, the replay should occur in open court with the accused and counsel present, accompanied by a warning against giving the evidence-in-chief disproportionate weight and, where appropriate, a reminder of the cross-examination and the accused's evidence. Unrestricted jury access to the tape without such safeguards constitutes a fundamental procedural irregularity likely to result in a miscarriage of justice.
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