Where a complainant in a sexual offence trial has made prior inconsistent statements upon which the defence relies, the trial judge must identify each such statement for the jury, explain the relevant law in comprehensible terms, and give the direction the authority of the judicial office. Where a complainant has consumed significant quantities of drugs or alcohol proximate to the events in issue, the trial judge must warn the jury that it would be unsafe to convict unless, having thoroughly scrutinised the complainant's evidence, they are convinced of its truth and accuracy. The construction of s.37 of the Crimes Act 1958 as determined in R v Yusuf remains the law pending reconsideration by a full bench, though Harper AJA's critique signals potential future change.
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