Where complaint evidence is led in a multi-count sexual offence trial, the trial judge must direct the jury on the relationship between the complaint evidence and each particular count, including whether the complaint was made after the occasion alleged in each count. A general direction on complaint evidence that does not differentiate between counts is inadequate. Section 34M of the Evidence Act 1929 (SA) does not oust the Christie or fairness discretions. The court was divided on whether the acquittal on count 3 rendered the convictions on counts 1 and 2 unsafe and unsatisfactory, and on whether a retrial or acquittal was the appropriate remedy.
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