54Abolition of common law rules

54 Abolition of common law rules

Any rule of common law under which a trial judge is required to direct the jury that—

(a) a complainant's delay in making a complaint or lack of complaint may cast doubt on the reliability of the complainant's evidence; and

(b) the jury should take this into account when evaluating the credibility of the allegations made by the complainant—

is abolished.

1 This provision abolishes the rules attributed to
Kilby v R [1973] HCA 30; (1973) 129 CLR 460 and Crofts v R [1996] HCA 22; (1996) 186 CLR 427.

Pt 5 Div. 3 (Heading and ss 54A–54D) inserted by No. 37/2017 s. 7.

Division 3—Differences in complainant's account

S. 54A inserted by No. 37/2017 s. 7.