R v Flood [1999] NSWCCA 198

Facts: Defendant (D) (appellant) was convicted of sexual assault of a woman (C) who suffered brain damage and was left with a physical disability following a car accident. The appeal was based on the argument that a warning based upon s 165(1)(c) Evidence Act should have been given in relation to the C’s evidence because it might have been unreliable due to her disability.

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