Jury directions in sexual assault trials: Murray/Ewan, significant forensic disadvantage and delay in complaint

[7-180] Article

B Neild, “Jury directions in sexual assault trials: Murray/Ewen, significant forensic disadvantage and delay in complaint”, a paper presented at the Public Defenders Criminal Law Conference, 18 March 2017, Sydney.

Abstract

This paper examines three key directions, each of which has been the subject of important case law or legislative reform, being the Murray/Ewen direction, the significant forensic disadvantage direction (s 165B of the Evidence Act 1995) and the delay in complaint direction (s 294 of the Criminal Procedure Act 1986). Consideration is also given to the overall role of directions in sexual assault trials and the need to shape directions in order to meet the specific requirements of justice in the case in which they are to be given.