Skipworth v R

In the matter of Skipworth v The Queen, the High Court of Australia addressed the admissibility of evidence regarding a sexual assault allegation, the justifiability of the delay in making the complaint, and the appropriateness of certain jury directions given by the trial judge. The respondent, Skipworth, was charged with sexually assaulting the appellant during a period when they were both living in the respondent's home. The appellant did not report the incident to authorities for 66 days, instead confiding in her mother, who was in a business relationship with the respondent.

The central legal issues before the court were whether the delay in reporting the sexual assault was justifiable and whether the evidence of the complaint was admissible under section 66 of the Evidence Act 1995. Additionally, the court had to consider whether the trial judge's jury directions were appropriate, particularly whether they improperly aligned the jury with the Crown or the defence.

The court found that the delay in reporting the sexual assault was justifiable, given the appellant's close relationship with her mother and the business relationship between the mother and the respondent. The court held that the evidence was "fresh in the memory" as it was provided to the mother shortly after the incident. Furthermore, the court held that the probative value of the evidence was not outweighed by any prejudicial effect, particularly because it had corroborative value. Regarding the jury directions, the court concluded that the directions were proper and did not improperly associate the jury with the Crown or undermine the defence's approach to the evidence.

The High Court allowed the appeal, quashed the conviction, and ordered a new trial. The court's decision emphasised the importance of considering the context of the relationship between the complainant and the alleged offender when assessing the justifiability of delays in reporting sexual assault, as well as the significance of corroborative evidence in determining admissibility.