A delay-in-complaint direction under s 61(1)(b)(ii) of the Crimes Act 1958 is not appropriate where the delay is consistent with the complainant's account of an ongoing consensual relationship with the offender, as the delay does not adversely affect the complainant's credibility. When directing under s 61(1)(b)(i), the trial judge should refer to the dynamics of the ongoing relationship as a reason for delay, and should not diminish the complainant's explanation by emphasising it comes only from the complainant's own mouth. A prosecutor's wrongful refusal to call a material witness named on the presentment does not occasion a substantial miscarriage of justice where the defence calls the witness and is not prejudiced. Claims of inconsistent verdicts should be raised as a discrete ground of appeal, not under the umbrella of unsafe and unsatisfactory verdicts.
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