Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JURY DIRECTIONS ACT 2015 (NO. 14 OF 2015) - SECT 44

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.

Part 5—Sexual offences

Division 1—Consent and reasonable belief in consent

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback