Victorian Numbered Acts

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JURY DIRECTIONS ACT 2015 (NO. 14 OF 2015) - SECT 74

Corroboration requirements

    (1)     In section 164(3) of the Evidence Act 2008 , after "jury" (where first occurring) insert "in a civil proceeding".

    (2)     After section 164(3) of the Evidence Act 2008 insert

    "(4)     Subject to subsection (5), if there is a jury in a criminal proceeding, the judge must not—

        (a)     warn the jury that it is dangerous to act on uncorroborated evidence or give a warning to the same or similar effect; or

        (b)     direct the jury regarding the absence of corroboration.

    (5)     In a criminal proceeding for the offence of perjury or a similar or related offence, the judge must direct the jury that it may find the accused guilty only if it is satisfied that the evidence proving guilt is corroborated.

    (6)     The principles and rules of the common law that relate to jury directions or warnings on corroboration of evidence, or the absence of corroboration of evidence, in criminal trials to the contrary of this section are abolished.

Note

Subsections (4), (5) and (6) do not appear in the Commonwealth Act and New South Wales Act.".



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