http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/56.html
EVIDENCE – indecent assault of person under the age of 16 – context evidence to assist in evaluation of complainant’s evidence of alleged offences – previous conduct of the appellant of a sexual nature involving the complainant – requirements for use as propensity evidence not satisfied – appropriate directions to the jury
EVIDENCE – indecent assault of person under the age of 16 – tender by accused of alleged prior inconsistent statement of complainant erroneously rejected under s 135 Evidence Act as unfair to Crown – whether substantial miscarriage of justice – proviso to s 6 Criminal Appeal Act 1912