The case confirms that where a complainant submits to sexual intercourse as a 'punishment' imposed by a violent partner, out of fear and financial dependence, such submission does not constitute free and voluntary consent under s 61HA(2) of the Crimes Act 1900 (NSW). Relationship and context evidence of a history of domestic violence is properly admissible to explain the complainant's submission, vulnerability, and delay in reporting, provided it is not used for tendency reasoning. Where an application for extension of time to appeal is assessed and all proposed grounds are found to lack merit, the extension may be refused rather than granted with the appeal dismissed on its merits.
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