4.20.2 - Charge: Other forms of Other Misconduct Evidence (Evidence about a co-accused)

Click here to obtain a Word version of this document

When to Use This Charge

This charge may be given when the accused adduces other misconduct evidence about a co-accused.

A short direction based on this charge should be given at the time the evidence is led.

Alternative Charges

If the accused adduces tendency evidence about a witness or the victim, use Charge: Tendency Evidence (General Defence Evidence)

Use of Other Misconduct Evidence

Members of the jury, NOA1[1] has led evidence about NOA2[2] that [describe relevance of other misconduct evidence].

[Identify relevant other misconduct evidence].

NOA1 argues that this evidence shows that [describe relevance of other misconduct evidence to a fact in issue and identify relevant defence arguments]. NOA2 responds that [describe NOA2’s response, including relevant defence arguments]. The prosecution says that [describe relevant prosecution evidence and arguments].

This evidence has been led only for the purpose of [describe relevant purpose]. You must not use the evidence for any other purpose. As I have told you, you must not decide the case on the basis of feelings of sympathy or prejudice because of what you learn about NOA2.

Remember that while NOA1 has led this evidence, the onus of proof remains on the prosecution to prove its case against NOA1 and NOA2 beyond reasonable doubt. The fact that NOA1 has called this evidence does not mean that this shifts to NOA1 in any way.

Notes

[1] Name of accused who led other misconduct evidence about a co-accused.

[2] Name of co-accused.

Last updated: 29 June 2015

 

See Also

4.20 - Other forms of other misconduct evidence

4.20.1 - Charge: Other Forms of Other Misconduct Evidence