Where the Crown cross-examines an accused on matters previously excluded from evidence by agreement, without obtaining leave under s 192 of the Evidence Act 1995 (NSW), the cross-examination is entirely impermissible and grossly unfair. When a complainant's recorded evidence in chief is replayed during jury deliberations in a case where there has been a substantial defence case, the trial judge must warn the jury not to give disproportionate weight to the replayed evidence and must remind them of the other evidence in the case. A finding that a verdict is unreasonable does not entail a positive finding that the complainant fabricated her evidence.
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