A trial judge giving directions about delayed complaint under s 61(1)(b) of the Crimes Act 1958 (Vic) may make comments about reasons why victims of sexual abuse may delay in complaining, but must ensure the jury understands these are comments they are free to disregard, not binding directions. The charge must be assessed as a whole to determine whether this was sufficiently conveyed. There is an unresolved conflict between the Victorian approach in BSJ and the NSW/Tasmanian approach regarding whether the possibility of concoction is an exception to the general rule that assessment of reliability is a jury question when determining significant probative value.
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