The matters identified in s 54D of the Jury Directions Act 2015 (Vic) concerning differences in a complainant's account of a sexual offence must be borne in mind by the Court of Appeal when assessing unreasonable verdict claims, not only by juries. Inconsistencies in a complainant's accounts that relate to peripheral details rather than the critical aspects of the offending (such as consent) will not render a verdict unreasonable where the complainant's evidence on the essential features of the offence was generally consistent. The Pell principle regarding appellate viewing of video-recorded evidence applies equally to VARE recordings under s 367 of the Criminal Procedure Act 2009 (Vic).
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.