Kilby v The Queen [1973] HCA 30

Kilby v The Queen [1973] HCA 30

Special leave was refused because the proposed grounds disclosed no error warranting appeal: absence of a recent complaint was relevant at most to the prosecutrix's credibility and was not evidence of consent, and the voluntarily signed record of interview containing relevant admissions was admissible subject to ordinary exclusions and the trial judge's discretion.

Jurisdiction
Australia
Procedural Posture
Criminal Application for Special Leave to Appeal / Application for Special Leave to Appeal to the High Court From a Decision of the Court of Criminal Appeal of New South Wales
Outcome
Application for special leave to appeal refused.
Legal Topics
['rape' 'consent' 'recent Complaint' 'credibility of Complainant' 'admissibility of Signed Police Record of Interview' 'special Leave to Appeal']
['criminal Law' 'evidence' 'criminal Procedure'] ['rape' 'consent' 'recent Complaint' 'credibility of Complainant' 'admissibility of Signed Police Record of Interview' 'special Leave to Appeal']

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Procedural Posture

Criminal Application for Special Leave to Appeal / Application for Special Leave to Appeal to the High Court From a Decision of the Court of Criminal Appeal of New South Wales

Legal Issues

  1. 1 ["Whether a trial judge in a rape trial is bound or entitled to direct the jury that the prosecutrix's failure to complain at the earliest reasonable opportunity is evidence of her consent to intercourse." "Whether a signed record of interview made after police questioning and accepted by the accused as correct was inadmissible except as a means of refreshing the interviewing officer's recollection."]

Ratio Decidendi

Special leave was refused because the proposed grounds disclosed no error warranting appeal: absence of a recent complaint was relevant at most to the prosecutrix's credibility and was not evidence of consent, and the voluntarily signed record of interview containing relevant admissions was admissible subject to ordinary exclusions and the trial judge's discretion.

Court Disposition

Application for special leave to appeal refused.

Orders

  • ['Special leave to appeal refused.' 'The application is refused.']