A count particularised by reference to a specific date, even where the complainant cannot recall a specific assault on that date, is distinguishable from a 'between dates' count and does not attract the S v R requirement that the specific act be identified and distinguished from all other similar conduct. A trial judge may direct the jury to treat such a count as relating to the first assault in a series, provided the alleged events are few in number, recent, and the accused is not prevented from knowing the case to meet. A Liberato direction is not required where the accused did not give evidence at trial and the charge as a whole does not create an impression that the case can be resolved by choosing between competing accounts.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.