A Robinson direction is required where a complainant has a complex mental health history (including autism spectrum disorder, depression, anxiety, OCD, suspected borderline personality disorder), has ceased prescribed antidepressant and antipsychotic medication, is self-medicating with alcohol and cannabis, and there are significant internal inconsistencies in her evidence — even where there is no direct evidence that those conditions affected her memory. The combination of such matters personal to the witness may affect reliability in a manner a lay jury may not appreciate, and general directions about mental health and inconsistencies are insufficient. Where both parties agree, on the appellant's instructions, that a court-ordered witness should not be called, no miscarriage of justice arises from the witness's absence.
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