http://www.austlii.edu.au/au/cases/vic/VSCA/2013/351.html
CRIMINAL LAW – Appeal against conviction – Appellant found guilty on five counts of sexual penetration of child under 16 – Jury question about how to treat appellant’s record of interview – Misdirection – Undermining evidential value of record of interview – Whether trial judge erred in failing to give Azzopardi direction – Whether trial judge in compliance with s 61 of the Crimes Act 1958 adequately directed jury on effect of delay in terms of complainant’s credibility – Failure to distinguish between directions of law and comments upon facts – Aggregation of defects – Crimes Act 1958 s 61 – Azzopardi v The Queen (2001) 205 CLR 50 and Weissensteiner v The Queen [1993] HCA 65; (1993) 178 CLR 217 discussed – Appeal allowed – Convictions quashed – New trial ordered.