4.1.2 – Charge: Accused’s interest in outcome

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[This charge may be given when the accused gives evidence, and defence counsel have requested a direction on the interest that the accused has in the outcome of the trial under s44I(1)(b).

If the defence requests a direction about the accused giving evidence, use Charge: Accused Giving Evidence.]

In relation to the accused giving evidence, I must give you the following direction of law. When you are considering NOA’s evidence, you must not give his/her evidence less weight just because s/he is the accused, and any person on trial has an interest in the outcome of the trial.

You will remember that at the start of the trial I told you that it is a critical part of our justice system that people are presumed to be innocent unless and until they are proved guilty. It would therefore be unfair to the accused and wrong to give his/her evidence less weight because s/he is the accused and so wants to be acquitted. If you did that, you would not be giving effect to the presumption of innocence.

Last updated: 2 October 2017

See Also

4.1 - The Accused as a Witness

4.1.1 - Charge: Accused Giving Evidence