(Queensland Court of Criminal Appeal) The admissibility of evidence of recent complaint where the evidence of the complainant and the evidence of the contemporaneous complaint differed. Rejecting the suggestion that evidence of the contemporaneous complaint should not have been given as it was inconsistent with the evidence of the complainant: ‘Clearly enough, evidence of statements made by the prosecutrix which did not bear any resemblance at all to her sworn evidence would not be admissible, for such evidence would be irrelevant. In my opinion, however the matter is one of degree, and if the substance of the complaint can be identified as relating to the story told by the prosecutrix in evidence and if it is such that a jury can reasonably regard it as constituting a complaint of a matter of a sexual nature, then I think that inconsistency as to detail is a matter for the jury to consider in their assessment of the credibility of the prosecutrix’
Judges:
Lucas J
Citations:
[1966] Qd R 295
Jurisdiction:
Commonwealth
Citing:
Cited – Regina v Lillyman CCCR 1896
Evidence of a contemporaneous complaint by the complainant to her employer was admitted against objections that such evidence ought not to be admitted and the evidence should be confined merely to the fact of the complaint. The evidence of the . .
Cited by:
Cited – Spooner, Eric Charles v Regina; (Evidence: Sex abuse) CACD 25-May-2004
The defendant appealed his convictions for child sex abuse, involving assault, rape and buggery, saying that evidence of a recent complaint by a schoolgirl friend of the complainant which was not consistent with other evidence of the complainant . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Commonwealth
Updated: 30 April 2022; Ref: scu.198136