Any rule of common law under which a trial judge is required or permitted to direct the jury on a disadvantage to the accused in challenging, adducing or giving evidence or conducting his or her case because of delay is abolished.
Notes
1 This provision abolishes the rule attributed to
Longman v R
[1989] HCA 60; (1989) 168 CLR 79, followed in Crampton v R [2000] HCA 60;
(2000) 206 CLR 161 and applied in relation to the corroborated evidence of a
complainant in Doggett v R [2001] HCA 46; (2001) 208 CLR 343.
2 Section 4 applies generally to override any rule of law or practice to the contrary of this Act.
Division 6—Failure to give evidence or call witness