Criminal Trials Court Bench Book Update 49 published

[1-900] Witnesses — cultural and linguistic factors In some cases, it may be necessary to give specific directions to the jury concerning a witness’ cultural and linguistic background. A new section, comprising [1-900]–[1-910], addresses the issue with reference to case law and reports on the subject.

[3-250] — Intoxication A reference to Harkins v R [2015] NSWCCA 263 has been added at [3-250] to explain that although intoxication generally is relevant to whether the accused had the necessary specific intention at the time when the act was committed giving rise to the offence, it does not extend to the basic or general element to commit the act.