Adl v WA

[2022] WASCA 12

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sexual offences
3. › Evidence
4. › Delay in making complaint
5. › Complainant a child with intellectual disability
6. › Whether sufficient direction to jury regarding delay
7. › Whether Crofts direction required
8. › Whether trial judge's directions read as a whole adequately conveyed jury's entitlement to consider delay in assessing credibility
9. › Evidence Act 1906 (WA), s 36BD
1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Where sole ground of appeal without merit
5. › Whether in interests of justice to extend time

Quick Take

A trial judge's directions regarding delay in complaint by a child complainant with an intellectual disability will be assessed by reading the summing up as a whole. Where the directions comprehensively address the delay, the circumstances of the complaint, the complainant's age and intellectual disability, and fairly put the defence case, no separate 'balancing' direction is required to counteract a s 36BD direction under the Evidence Act 1906 (WA).