Evidence of prior non-sexual domestic violence is not admissible as 'relationship evidence' in a sexual assault trial unless it is shown to be relevant to a specific issue such as explaining the complainant's responses or delay in reporting; it is insufficient to rely solely on the proposition that the evidence discloses 'the nature of the relationship'. Where the complainant's evidence of the sexual assaults is not given in a vacuum but in the context of an ongoing relationship including discussions about the relevant sexual activity, isolated incidents of prior physical violence are not necessary to place the sexual assaults in meaningful context. The proviso under s 6(1) of the Criminal Appeal Act 1912 was applied where evidence of admissions to four independent witnesses constituted overwhelming proof of guilt.
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