In sexual offence cases, the prosecution cannot lead evidence-in-chief from the complainant explaining delay in complaint unless and until the complainant's credit is attacked in cross-examination on that basis. However, such evidence may be admissible on other grounds, including the bias exception to the collateral evidence rule where it is relevant to the credibility of an alibi witness. Where defence counsel elicits the substance of otherwise inadmissible evidence through cross-examination, the proviso will generally apply because the appellant cannot complain of evidence that emerged as a result of the defence's own tactical decisions.
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