Temporary emotional distress such as crying when disclosing a sexual assault does not constitute 'injury' attributable to the alleged sexual intercourse for the purposes of s 293(4)(c)(ii) of the Criminal Procedure Act 1986 (NSW). The exceptions to the s 293 prohibition on cross-examination about prior sexual history should not be approached on the basis of any prima facie rule of broad construction; they must be construed according to their terms in light of the legislation's subject matter, scope and purpose. Whether a recognised psychological condition may constitute 'injury' under s 293(4)(c) was left open.
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