BQ v. The King

Lower Court Judgment

03/03/2023 Supreme Court of New South Wales (Court of Criminal Appeal) (DaviesJ, McNaughton J, R A Hulme AJ)

[2023] NSWCCA 34

Catchwords

Evidence – Admissibility of expert evidence – Where complainants two sisters and nieces of appellant – Where appellant convicted at second trial of child sexual assault offending  – Where Crown sought to rely on evidence from Associate Professor Shackel with respect to (a) how victims of child sexual assault respond to and disclose their victimisation and (b) matters relevant to complainants’ conduct during and after alleged assaults and whether such conduct consistent with research – Where trial judge ruled evidence in respect of (a) admissible but refused to admit evidence in respect of (b) – Whether Court of Criminal Appeal erred in holding expert evidence concerning behaviour of perpetrators of child sexual assault offences, risk factors for sexual abuse and when abuse commonly takes place admissible as expert opinion evidence and occasioned no miscarriage of justice in trial – Whether Court erred in holding that trial judge’s directions to jury in respect of expert evidence adequate and did not occasion miscarriage of justice.