A prior inconsistent statement for the purposes of s 108(3)(a) of the Evidence Act 1995 (NSW) may be inferred from the conduct of a witness, not only from express statements; accordingly, a complainant's conduct that is inconsistent with the occurrence of the alleged offences can trigger the admission of a prior consistent complaint to restore credit. A Crown Prosecutor's closing address must not seek to confine or pre-empt the impact of judicial warnings to the jury, express personal opinions on the evidence, or invite speculation in the absence of evidence, but such transgressions will not necessarily cause a miscarriage of justice if adequately addressed by the trial judge's summing up. A trial judge's reference to being 'obliged' to give Longman warnings does not diminish their force and is an appropriate introduction commonly used and recommended by the Bench Book.
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