(1) Any rule of common law under which a trial judge is prohibited from directing the jury on the interest a witness or an accused may have in the outcome of a trial is abolished.
(2) Any rule of common law under which a trial judge is required or permitted to direct the jury about the matters referred to in section 44J in relation to the evidence of an accused is abolished.
Notes
1 Subsection (1) abolishes the rule attributed to Robinson v R [1991] HCA 38; (1994) 180 CLR 531.
2 Subsection (2) abolishes directions based on—
• R v Haggag [1998] VSC 355; (1998) 101 A Crim R 593; and
• R v McMahon [2004] VSCA 64; (2004) 8 VR 101; and
• R v Buckley [2004] VSCA 185; (2004) 10 VR 215.
3 Section 4 applies generally to override any rule of law or practice to the contrary of this Act.
Pt 4 Div. 10 (Heading and ss 44L, 44M) inserted by No. 37/2017 s. 5.
Division 10—Whether a prosecution witness has a motive to lie
S. 44L inserted by No. 37/2017 s. 5.