25 Feb 2011
Grant leave limited to the issue whether evidence of complaints to two family members was admissible; leave refused on the ground concerning the appellant's alleged statement to the complainant's mother because that evidence could not have caused a substantial miscarriage of justice.
17 Dec 2010
The Supreme Court allowed the Crown appeal and reinstated the District Court ruling: s 35(2) applies where the defence will put the complainant's evidence as a recent invention and the police interview of the accused will be before the jury, so the complainant may give evidence of prior consistent statements (complaints to others) as a necessary response; the timing of the initial challenge (pre-charge) does not defeat s 35(2), and editing the police interview to remove assertions of recent invention would be misleading.