R v Whitmore (1999) 109 A Crim R 51

Facts: Defendant (D) (Whitmore) was convicted on 1 charge of indecent assault and 1 charge of sexual assault of a child (complainant, C). Alleged offences occurred at Christmas 1992 and C made an initial complaint to her aunt in December 1995. The case against D relied entirely upon the evidence of C on the basis that it was not a recent complaint. The trial judge (TJ) ruled that the complaint evidence was admissible, albeit requiring the direction as to specific prior opportunity to complain. No reference was made to ss 60, 66 or 108 Evidence Act. D appealed against his convictions on a number of grounds including that the complaint evidence was wrongly admitted.

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