A police interview may be admissible to establish an accused's familiarity with and proximity to the scene of an offence even where it contains no direct admissions against interest. A general lies direction adequately instructs the jury where the accused's explanation for omissions in a police interview is clearly before the jury through evidence and counsel's address. For stranger rape without a weapon but involving violence to suppress outcry and a substantial criminal history, a sentence of 10 years imprisonment with a serious violent offence declaration was appropriate.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.