The term 'serious physical disability' in s 61J(2)(f) of the Crimes Act 1900 (NSW) is an ordinary English expression that does not require judicial definition or explication. It raises a quintessential jury question. Trial judges are not required to direct juries to compare the complainant's disability with other physical disabilities or to apply a test of 'lack of independence and compromised functionality'. Definitions from other statutes dealing with disability cannot be imported to construe this term. A direction summarising the evidence of the complainant's disabilities and instructing the jury to determine whether they are satisfied beyond reasonable doubt that the complainant had a serious physical disability is sufficient.
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