In sexual offence trials where the complainant was significantly intoxicated, the trial judge (whether directing a jury or sitting alone) must separately address the reliability of the complainant's evidence — not merely credibility — by considering the effect of alcohol and drugs on perception and recall. Failure to do so may constitute a miscarriage of justice even where the complainant is found to be a credible witness. However, forensic disadvantage from a 13-month delay between offending and police interview does not, of itself, amount to a miscarriage of justice.
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