Non-compliance by the prosecution with its disclosure obligations under the Criminal Code (Qld) ss 590AB, 590AH and 590AJ is such a serious breach of the pre-suppositions of a fair trial as to deny the application of the proviso, at least when the undisclosed material might have influenced the result of the trial. The hurdle for the defence is low: the Court of Appeal cannot ignore even a relatively slim possibility that the defence has been forensically disadvantaged by non-disclosure. A complainant's statement to police expressing a wish to withdraw a complaint and giving reasons for that wish is relevant to the complainant's credit and must be disclosed.
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