A non-expert witness describing a person's emotional state as 'real' or 'genuine' distress is giving admissible lay opinion evidence about the person's apparent emotional condition, not inadmissible opinion about the truthfulness of the person's account. A distress warning is not required where the only issue is whether the distress was genuine or feigned, as opposed to whether genuine distress had an alternative cause. The sentence of 3 years' imprisonment for a single count of forcible digital penetration without consent was within range given aggravating features including use of force, age disparity, and offending in the complainant's bedroom.
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