Leave to cross-examine a prosecution witness under s 38(1)(a) of the Evidence Act 2008 (Vic) must be confined to the specific topics on which the witness's evidence is unfavourable; a grant of leave to cross-examine 'at large' does not comply with the section. The trial judge must define the topics and consider the matters in s 38(6) and s 192(2), including the potential unfairness to the accused. Context evidence of an accused's violence towards a complainant in a sexual offence case is only admissible if it is relevant to a live issue in the trial, and its probative value must outweigh the danger of unfair prejudice under s 137. Where the defence does not challenge the complainant's compliance or failure to complain, the relevance of such evidence may be significantly diminished.
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