In child sexual assault cases, the nature of the alleged offending — being unusual, emotionally arousing experiences for a young child — is a critical factor under s 66(2A) of the Evidence Act 1995 (NSW) that may support a finding that representations were fresh in the complainant's memory even where complaint was made 2-4 years after the events. The passage of time alone is not determinative. Under s 5F(3A) of the Criminal Appeal Act 1912 (NSW), the cumulative effect of multiple evidentiary rulings may be considered in assessing whether the Crown case has been substantially weakened. The R v Cook principle (excluding evidence where explanation would reveal other offending) does not apply where the accused's explanation would reveal only past unsubstantiated allegations and police investigations that did not lead to charges.
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