Section 34M of the Evidence Act 1929 (SA) abolishes the common law of recent complaint in sexual cases and removes delay as a bar to admissibility of complaint evidence. The three judges of the Court of Criminal Appeal expressed different views on whether all directions in s 34M(4) must be given whenever complaint evidence is admitted (Kourakis J: yes, all mandatory; Gray J: consistency direction only if evidence capable of showing consistency; White J: declined to express concluded view). The question of whether s 34M preserves a residual discretion to exclude otherwise admissible complaint evidence was addressed by Gray J (yes, preserved) but not resolved by the full Court. The proper form of directions under s 34M(4) for delayed complaints remains an open question requiring further appellate consideration.
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