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Court of Appeal dismisses appeal against conviction for s. 4 rape and related offences, on the grounds that: (a) no application was made for a corroboration warning and the issue was not raised in requisition with the trial judge at the conclusion of his charge; (b) no fundamental injustice arose as a result of the absence of a corroboration warning; and (c) there was evidence that was capable of amounting to corroboration and this was not a case where the trial judge’s discretion to grant a warning would necessarily have come down in favour of the accused.
Appeal against conviction for one count of rape contrary to s. 4 of the Criminal Justice (Rape) (Amendment) Act 1990, one count of sexual assault contrary to s. 2 of the Criminal Law (Rape) (Amendment) Act 1990 and one count of robbery contrary to s. 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 - appellant accused of luring injured party into laneway, biting her, anally raping here and stealing her mobile phone - appellant and injured party both young people known to each other - whether trial judge erred in failing to give a corroboration warning, given the nature and seriousness of the offence, the age of the injured party and omissions in her initial statement.
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