In the past, a one-on-one case—where a single witness stood against the accused—was often considered weak.
Today, even one coherent witness, paired with a determined prosecution, can make all the difference. This is especially true in domestic violence and sexual offence cases. With recent changes to the Criminal Procedure Act and Common Law directions, former directions like the Murray direction no longer apply for sexually prescribed offences. Defence must now be sharper, articulate and it is not uncommon for defence lawyers who are not experts in criminal law to fall behind when one strong witness takes the stand.
In New South Wales, the Criminal Procedure Act sections 292 to 294A now set out mandatory jury directions in sexual offence trials, focusing on consent and common misconceptions. These directions aim to combat stereotypes and other potentially bias inferences being drawn from particular matter or circumstances.
Furthermore, In New South Wales, under Section 294CB of the Criminal Procedure Act, evidence about a complainant’s sexual history is generally inadmissible in sexual offence cases, unless a narrow exception applies. These exceptions require a lengthy voire dire (hearings) and the defence must seek leave if they wish to use such evidence.
If you have been charged for domestic violence or sexual assault charges it is absolutely imperative to seek expert legal advice as soon as possible.
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