A Robinson direction is not required in every case involving a child complainant in a sexual offence case where the evidence is uncorroborated or contains inconsistencies; the direction is required only where there is a risk that the jury might not appreciate the potential unreliability of the evidence without judicial warning. Where a trial judge gives adequate directions on credibility assessment, draws the jury's attention to inconsistencies, and reminds the jury of defence criticisms, the absence of a formal Robinson direction does not occasion a miscarriage of justice. Jury access to s 93A video recordings in the jury room does not automatically occasion a miscarriage of justice; the crucial question is whether such access might distort the jury's sense of the evidence to the prejudice of the accused.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
5 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.