Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103ZY

103ZY Direction on differences in complainant’s account

(1) This section applies if evidence is given, or likely to be given, or a question is asked, or likely to be asked, of a witness that tends to suggest a difference in the complainant’s account that may be relevant to the complainant’s truthfulness or reliability.

(2) The judge must direct the jury—

(a) that experience shows—

(i) people may not remember all the details of a sexual offence or may not describe a sexual offence in the same way each time; and

(ii) trauma may affect people differently, including affecting how they recall events; and

(iii) it is common for there to be differences in accounts of a sexual offence; and

(iv) both truthful and untruthful accounts of a sexual offence may contain differences; and

(b) that it is up to the jury to decide whether or not any differences in the complainant’s account are important in assessing the complainant’s truthfulness and reliability.

(3) In this section—

"difference" , in an account, includes—

(a) a gap in the account; and

(b) an inconsistency in the account; and

(c) a difference between the account and another account.