Relationship evidence in sexual assault cases must not extend to evidence of violence by third parties in the household beyond what is necessary to explain absence of complaint; the trial judge must actively exercise the s 137 discretion to exclude evidence whose prejudicial effect outweighs its probative value, even absent objection. A Longman direction must reference the accumulated experience of the courts, not merely common sense. A charge of common assault cannot be brought to circumvent the 12-month statutory bar on indecent assault prosecution under s 78 of the Crimes Act 1900 (NSW) where the conduct relied upon is in substance an indecent assault. The Crown Prosecutor has an independent obligation not to lead inadmissible or unfairly prejudicial evidence regardless of whether the defence objects.
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