A Crofts direction is adequately given where the trial judge makes clear that absence of complaint or delay in complaining may be taken into account in evaluating the complainant's evidence. Where a forensic decision is made at trial not to object to complaint evidence because it supports the defence case, the admissibility of that evidence cannot be challenged on appeal. Where uncharged acts are admitted as relationship evidence probative of sexual interest (propensity), no warning to avoid the propensity line of reasoning is required. The question whether complaint evidence that was not made as speedily as could reasonably be expected can nonetheless buttress credibility was expressly left open.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
4 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.