Victorian Current Acts

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Abolition of common law rules

    (1)     Except as provided by this Division, a trial judge is not required to direct the jury—

        (a)     when the accused does not give evidence or call a witness; or

        (b)     when the prosecution does not call or question a witness.

    (2)     Any rule of common law to the contrary of subsection (1) is abolished.


1     This provision abolishes directions based on the rule attributed to Weissensteiner v R [1993] HCA 65; (1993) 178 CLR 217 and applied in Azzopardi v R [2001] HCA 25; (2001) 205 CLR 50 and the rule attributed to Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 and applied to the accused and prosecution in criminal cases in Dyers v R [2002] HCA 45; (2002) 210 CLR 285.

2     Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Pt 4 Div. 7 (Heading and ss 44A–44E) inserted by No. 37/2017 s. 5.

Division 7—Previous representations

S. 44A inserted by No. 37/2017 s. 5.

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