Where the circumstances said to render a complainant's evidence unreliable are all before the jury in the evidence they heard and are readily identifiable, a trial judge is not obliged to give a specific unreliability direction, even in the absence of a request under s 165 of the Evidence Act. In a case where the only two alternatives on the crucial issue are mutually exclusive (e.g., conscious and voluntary vs unconscious and involuntary), a standard circumstantial evidence direction is unnecessary where the jury is directed they must be satisfied beyond reasonable doubt of the relevant element.
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