Evidence relating to a sexual relationship between the accused and the complainant may be admissible under s 293(4)(b) of the Criminal Procedure Act 1986 (NSW) even where it relates to sexual activity outside the period specified in the indictment, provided its probative value outweighs any distress to the complainant. However, where such evidence would tend to confirm the Crown case rather than undermine it, its exclusion will not result in a miscarriage of justice. Section 293(6) is directed to evidence of sexual activity or experience that emerges incidentally in the Crown case, not to the sexual activity that forms the foundation of the charges.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.