The expression 'how and when' in s 4A(2) of the Criminal Law (Sexual Offences) Act 1978 (Qld) is not to be given a narrow construction and extends to the context in which a preliminary complaint was made, including communications from third parties that prompted the complaint and the terms of those communications where the content of the complaint can only be understood by reference to what the complainant adopted. Re-examination may elicit not only why a complainant did not complain earlier but why the complaint was made at the particular time it was, where cross-examination has attacked the timing and authenticity of the complaint. Prosecutors should exercise restraint in leading preliminary complaint evidence, even where technically admissible.
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