17 Dec 2010
R v B(SC88/2010) SC 88/2010
- Citation
- SC 88/2010
- Court
- Supreme Court
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.