Victorian Numbered Acts

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JURY DIRECTIONS ACT 2015 (NO. 14 OF 2015) - SECT 40

Abolition of common law rules

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.


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

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