Section 293 of the Criminal Procedure Act 1986 (NSW) applies to evidence of fabricated claims of sexual assault, including where the falsity of the claims is said to be 'proven', because such evidence discloses or implies that the complainant did not take part in sexual activity. The Court will not depart from the settled M v R construction given the Legislature's re-enactment of the provision in substantially the same form despite known judicial criticisms. The constitutional validity of s 293 is preserved by the court's retained power to order a permanent stay. However, the extent of prejudice arising from s 293's operation may not be ascertainable until trial, and a permanent stay will only be granted in extreme or exceptional circumstances after weighing fairness to the accused against the public interest in the disposition of serious charges.
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