Sexual Assault Trials Handbook update 22 published

Update 22 of the Sexual Assault Trials Handbook includes:

[1-000] Offences

Table 1 which details sexual offences against adults and child victims, and Table 2, other sexual offences at [1-010] have been updated to reflect amendments to the Crimes Act 1900 and the Criminal Procedure Act 1986 (commenced on 1 December 2018). This includes new offences of “sexual touching” and “sexual act”, which are defined in the new ss 61HB and 61HC respectively.

[6-000] Recent Cases

The High Court decision McPhillamy v The Queen (2018) 92 ALJR 1045; [2018] HCA 52 regarding tendency evidence in historical sexual offences, and whether the evidence meets the threshold requirement of significant probative value has been added.

The High Court decision Johnson v The Queen (2018) 92 ALJR 1018; [2018] HCA 48 regarding context evidence in historical child sexual assault evidence of uncharged acts to explain otherwise implausible aspect of complainant’s evidence has been added.

A further summary of the High Court decision in The Queen v Dennis Bauer (a pseudonym) (2018) 92 ALJR 846;[2018] HCA 40 regarding the admissibility of a complainant’s recorded evidence from previous trial has also been added.

The High Court decision DL v The Queen (2018) 92 ALJR 636; [2018] HCA 26 regarding persistent sexual exploitation of a child has been added.

The case of Llewellyn v R [2011] NSWCCA 66 regarding directions erroneously following the conviction of a single offence of sexual intercourse without consent has been added.

Summaries of the following sexual assault legislation which commenced 1 December 2018 have been added:

Justice Legislation Amendment Act (No 3) 2018, and the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018, both of which commenced 1 December 2018.