1A trial judge's significant forensic disadvantage direction under s 165B of the Evidence Act 1995 is adequate where it identifies the nature of the disadvantage caused by delay (including deceased witnesses and lost evidence) and expressly states the need to take that disadvantage into account, even without addressing every specific item of missing evidence not raised by counsel at trial.
2A trial judge assessing a sole Crown witness's evidence by accepting some parts and rejecting others, while explaining the reasoning, does not reverse the onus of proof merely because the judge identifies competing explanations for inconsistencies in the witness's testimony.
3A trial judge retains discretion whether to give a limited good character direction (Melbourne v The Queen), and declining to do so where the accused had no sexual assault convictions but had been charged twice with such offences (without the charges being tested on the merits) does not constitute reviewable error under House v The King principles.
Case Details
Citation[2017] NSWCCA 108
CourtNSWCCA
JurisdictionNew South Wales
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