A trial judge's instruction referring to a child witness's support person merely as an 'adult present' does not comply with s 21AW(2) of the Evidence Act 1977 (Qld), even if the judge considers 'support person' to be a 'loaded term'. However, the proviso under s 668E(1A) may apply where the child's evidence tended to exculpate the accused and there was no real possibility the jury would consider the support person to have coached or affected the child's evidence. A Markuleski direction on cross-count credibility is not required where, as a matter of common sense, the jury could be expected to appreciate that doubt about a complainant's credibility on one count may affect their assessment on other counts.
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