Where a complainant in a sexual offence trial has received victims of crime assistance, fairness and balance may require that the complainant be recalled for further cross-examination on that matter where the complainant's credit is central to proof of the charge. The proviso may be applied to counts supported by overwhelming independent evidence even where the trial judge's error caused a miscarriage on other counts. Evidence going to a fact in issue raised by the accused (such as capacity for sexual intercourse) is not merely collateral, and the collateral evidence rule does not preclude the prosecution from seeking to call rebuttal evidence on such a matter.
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