R v Tubou

In the case of R v Tubou, the defendant appealed against his conviction for sexual assault, arguing that the conviction was unreasonable and amounted to a miscarriage of justice. The appeal was heard by the NSW Court of Criminal Appeal. The central issues before the court were whether the conviction was unreasonable or unsafe due to the combination of matters, the adequacy of the judicial directions to the jury regarding the delay in reporting the sexual assault, and the admissibility of evidence of the complainant's prior sexual activity with a person other than the accused.

The court examined whether the combination of factors, including inconsistencies between the complainant's testimony and other evidence, and the lack of corroboration, created an unreasonable conviction. It considered the significance of the delay in reporting the assault and whether this delay affected the credit of the complainant's evidence. The court also assessed whether the judicial directions to the jury were sufficient and whether the exclusion of evidence of the complainant's prior sexual activity rendered the conviction unsafe.

The court found that the combination of the factors did not create an unreasonable conviction. The delay in reporting did not render the complainant's evidence incredible, and the judicial directions to the jury were considered satisfactory. The court held that the exclusion of evidence of the complainant's prior sexual activity did not render the conviction unsafe or cause a miscarriage of justice. The appeal was dismissed, and the conviction was upheld.