A transcript of evidence given at a previous trial is not a 'deposition' within s 112 (now s 285) of the Criminal Procedure Act 1986 (NSW) and cannot be admitted under that provision; the English common law approach in R v Thompson and R v Hall should not be followed in NSW. Where the real issue at a sexual assault trial is consent rather than whether intercourse occurred, the trial judge must direct the jury on the need to scrutinise the complainant's evidence with great care on the issue of consent, and forensic evidence establishing intercourse does not constitute corroboration on the issue of consent. A party is entitled to make specific submissions about a witness's demeanour, including crying, when addressing on credibility.
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