Lane v The Queen

Paul Gregory Lane appealed against his conviction for indecently assaulting a male complainant between 1 July 1985 and 27 November 1985, when the complainant was 11 years old. The complainant alleged that the appellant had performed oral sex on him at his parents' home in Canberra. The appellant initially admitted to the act during a police interview in October 1993, but later retracted the admission, claiming that the incident took place in June 1991 at a holiday home in Tomakin, New South Wales. The appeal focused on whether the evidence was such that the verdict could not stand, and whether warnings or directions should have been given to the jury due to the uncorroborated nature of the complainant's evidence.

The court examined the obligations, if any, imposed by statute and the general law regarding warnings and directions in cases of this nature. The Evidence Act 1995 (Cth) abolished the requirement for corroboration in criminal cases, except for perjury or related offences. The court found that there was no obligation for the trial judge to give a warning regarding the lack of corroboration. The appellant's submissions assumed that the complainant's evidence was uncorroborated, but the court found that there was an express admission by the appellant in his police interview.

The court also considered whether the complainant's evidence was of a kind that may be unreliable under s 165 of the Evidence Act 1995 (Cth). The appellant argued that the evidence was unreliable due to the age of the complainant and the delay in reporting the offence. However, the court found that the trial judge had adequately addressed these issues in his directions to the jury. The court concluded that there was no need for further strong direction or warning and that the jury had enough evidence to assess the reliability of the complainant's evidence.

The appeal was dismissed, and the conviction was upheld. The court found that the evidence was sufficient for the jury to find the appellant guilty beyond a reasonable doubt.