When giving a direction under s 61(1)(b)(i) of the Crimes Act 1958 (Vic) about delay in complaint in sexual offence cases, a trial judge may exemplify possible reasons for delay and amplify the direction by comment under s 61(2), provided the comments are clearly identified as comments the jury may accept or reject, are not expressed in terms that overawe the jury, and do not descend to directly addressing the reliability of the complainant's evidence. The passage from R v MM [2007] EWCA Crim 1558 is not a template for compliance with s 61. For sentencing of historical sexual offences, advanced age (77 years), health conditions, and low risk of reoffending are significant mitigating factors that may render an otherwise appropriate sentence manifestly excessive.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.