Criminal Trial Courts Bench Book
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Trial Instructions R–Z
Recent Possession
[4-000]
Suggested direction
[4-010]
Notes — general
[4-020]
Notes — possession
[4-030]
Suggested direction — conflicting explanations
[4-040]
Notes — conflicting explanations
[4-050]
Suggested direction — recency
[4-060]
Suggested direction — where no alternative charge
[4-070]
Notes — recency
Recklessness (Malice)
[4-080]
Introduction
[4-082]
Malice before repeal of s 5
[4-085]
Suggested direction — recklessness before the repeal of malice
[4-090]
Offences with the ingredient recklessly cause/inflict a particular kind of harm where Blackwell v R applies
[4-092]
Suggested direction — offences with the ingredient recklessly cause/inflict a particular kind of harm
[4-095]
Particular offences involving the infliction of grievous bodily harm or wounding following the Crimes Amendment (Reckless Infliction of Harm) Act 2012
[4-097]
Suggested direction — particular offences following the Crimes Amendment (Reckless Infliction of Harm) Act 2012
Silence — Evidence of
[4-100]
Common law and s 89 Evidence Act 1995
[4-110]
Suggested direction — right to silence where the accused has exercised the right before trial
[4-130]
Notes
Tendency, coincidence and background evidence
[4-200]
Introduction
[4-210]
Context evidence
[4-215]
Suggested direction — context evidence
[4-220]
Background evidence
[4-222]
Suggested direction — background evidence
[4-225]
Tendency evidence
[4-226]
Standard of proof — s 161A Criminal Procedure Act 1986
[4-227]
Suggested tendency evidence direction — applies to charged acts, other acts or combinations thereof
[4-230]
Tendency evidence in child sexual assault proceedings — s 97A
[4-235]
Coincidence evidence
[4-237]
Suggested direction where coincidence evidence admitted as part of a circumstantial case
[4-240]
Suggested direction where coincidence evidence relied upon for joinder of counts of different complainants
Unfavourable witnesses
[4-250]
Introduction
[4-255]
Suggested direction — prior inconsistent statement by a Crown witness
Procedure for fitness to be tried (including special hearings)
[4-300]
Introduction
[4-302]
Application of the Act
[4-304]
Statutory definitions of mental health and cognitive impairments
[4-305]
Fitness — federal offences
[4-306]
The procedural pathways when fitness is raised
[4-310]
Part 4, Div 2 — procedures when fitness raised
[4-315]
Part 4, Div 3 — procedures for special hearings
[4-320]
Part 4 procedure
[4-325]
Forms of orders for referrals to the Mental Health Review Tribunal under State law
[4-327]
Documentation required in referral of court matters to Mental Health Review Tribunal
[4-330]
Extension orders
[4-331]
Suggested direction — the nature of special hearing
[4-333]
Additional references
Views and demonstrations
[4-335]
Introduction
[4-340]
Views
[4-345]
Suggested direction — view
[4-347]
Oaths and affirmations — view
Voluntary act of the accused
[4-350]
Introduction
[4-355]
An act of the accused causing the harm inflicted on the victim
[4-360]
A voluntary act
[4-365]
Suggested direction — voluntary act
Witnesses — not called
[4-370]
Introduction
[4-375]
Suggested comment — witness not called by prosecution
[4-377]
Suggested direction — complainant not called on retrial
Witness reasonably supposed to have been criminally concerned in the events
[4-380]
Introduction
[4-385]
Suggested direction
[4-387]
No corroborative evidence needed
[4-390]
Exceptional use of the “dangerous to convict” formulation
[4-392]
Suggested direction
[4-395]
Where evidence not entirely adverse to the accused
[4-397]
Where an accused gives evidence implicating another accused