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3.9.1 - Charge: Judge's Summary of Issues and Evidence

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I am now going to take you to the issues you need to decide, and remind you of some of the evidence that has been given in relation to those issues. Before doing so, I want to remind you again that the mere fact that I may leave out a part of a particular witness’s evidence does not mean that that evidence is not important.

Similarly, the fact that I include evidence from a particular witness does not make that evidence more important than the evidence of other witnesses. You must consider all of the evidence, not just the parts of it that I mention. Which parts of that evidence are important or not important is a matter for you to determine.

I also want to emphasise again that it is not my responsibility to decide this case – that is your role. So while you must follow any directions I give you about the law, you are not bound by any comments I may make about the facts. If I happen to express any views upon questions of fact, you must disregard those views, unless they happen to agree with your own assessment of the evidence.

[Insert directions on relevant offences, incorporating references to the evidence, parties' arguments and evidentiary directions. Judges should identify only refer to so much of the evidence as is relevant to the real issues in the case, clearly relating the evidence to the issues: see Judge's Summing Up on Issues and Evidence.]

 

Last updated: 30 November 2015

See Also

3.9 - Judge’s Summing Up on Issues and Evidence