Evidence of an ongoing close relationship (remaining in contact, maintaining friendship, holding hands, going out together) between a complainant and accused after alleged sexual offences does not constitute evidence of 'sexual activity' within s 293 of the Criminal Procedure Act 1986 (NSW), with the possible exception of kissing. Recorded telephone calls in which an accused describes the allegations against him using shorthand language do not necessarily constitute admissions under s 81(1) of the Evidence Act 1995 (NSW); context including the language used in other contemporaneous calls is relevant. Cumulative procedural unfairness in a judge-alone trial, even if not raised as a discrete ground of appeal, may diminish the weight given to the trial judge's advantage in seeing and hearing witnesses when assessing whether a verdict is unreasonable.
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