Where evidence of a complainant's distress is not left to the jury as corroboration or as supportive of the complainant's testimony, and defence counsel assents to no directions being given, the failure to direct on the use of distress evidence does not occasion a miscarriage of justice. A trial judge is not obliged to direct on the use of discreditable conduct evidence in relation to the mental element of rape where neither counsel argued the evidence was relevant to that issue and the evidence was in fact irrelevant to the accused's state of mind. On an unreasonable verdict ground, the jury's assessment of the complainant's evidence of rape is not to be considered in a vacuum extracted from the context of the relationship and preceding events.
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