The Crown's obligation of fairness in an adversarial criminal trial does not extend to a duty to investigate an accused person's case on his or her behalf, or to secure the attendance of every person nominated by the accused as a potential witness. A question in cross-examination of a sexual assault complainant that implies sexual experience with another person infringes s 293 (now s 294CB) of the Criminal Procedure Act 1986 (NSW) and must be excluded, even where the cross-examiner's stated purpose is to explore motive rather than sexual history. Mixed verdicts in sexual assault trials do not of themselves establish that the jury rejected the complainant as a witness of truth, particularly where logical bases for doubt as to proof of essential elements can be identified for the acquitted counts.
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