Update 22 of the Sexual Assault Trials Handbook includes:
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;  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;  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; 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;  HCA 26 regarding persistent sexual exploitation of a child has been added.
The case of Llewellyn v R  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.