Criminal Trial Courts Bench Book
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Trial Instructions A–G
[2-000]
Accusatory statements in the presence of the accused
[2-000]
Introduction
[2-010]
Suggested direction — accusatory statements in the presence of the accused
[2-050]
Acquittal — directed
[2-050]
Introduction
[2-060]
Suggested direction — directed acquittal
[2-100]
Admissions to police
[2-100]
Introduction
[2-110]
Pre-Evidence Act position
[2-120]
Position under the Evidence Act
[2-130]
Suggested direction — where disputed admissions
[2-200]
Alternative verdicts and alternative counts
[2-200]
Introduction
[2-205]
The duty to leave an alternative verdict
[2-210]
Suggested direction — alternative verdict
[2-250]
Attempt
[2-250]
Introduction
[2-260]
Procedure
[2-270]
Suggested direction
[2-300]
Causation
[2-300]
Introduction
[2-305]
Causation generally
[2-310]
Suggested direction — causation generally
[2-350]
Character
[2-350]
Introduction
[2-370]
Suggested direction — where evidence of general good character is not contested
[2-390]
Suggested direction — where good character is contested by evidence in rebuttal from the Crown
[2-410]
Suggested direction — character raised by one co-accused
[2-430]
Suggested direction — bad character (where not introduced as evidence of tendency)
[2-500]
Circumstantial evidence
[2-500]
Introduction
[2-510]
“Shepherd direction” — “link in the chain case”
[2-520]
Suggested direction — “strands in a cable case”
[2-530]
Suggested direction — “link in a chain case”
[2-550]
Complaint evidence
[2-550]
Introduction
[2-560]
Evidence of complaint where witness available to give evidence — s 66(2)
[2-570]
Suggested direction — where complaint evidence admitted under s 66(2)
[2-580]
Suggested direction — where complaint evidence is limited under s 136
[2-590]
Evidence of complaint where witness not available under s 65(2)
[2-600]
Evidence of complaint as a prior consistent statement under s 108(3)
[2-610]
Suggested direction — evidence of complaint used to re-establish the complainant’s credit
[2-615]
Warning where difference in complainant’s account — prescribed sexual offences only
[2-618]
Suggested direction
[2-620]
Suggested direction — delay in, or absence of, complaint
[2-630]
Notes
[2-640]
Delay in complaint and forensic disadvantage to the accused
[2-650]
Suggested direction — delay in complaint and forensic disadvantage to the accused
[2-700]
Complicity
[2-700]
Introduction
[2-710]
Suggested direction — accessory before the fact
[2-720]
Suggested direction — accessory at the fact – aider and abettor
[2-730]
Suggested direction — accessory after the fact
[2-740]
Joint criminal liability
[2-750]
Suggested direction — (a) joint criminal enterprise
[2-760]
Suggested direction — (b) and (c) extended common purpose
[2-770]
Suggested direction — application of joint criminal enterprise to constructive murder
[2-780]
Suggested direction — withdrawal from the joint criminal enterprise
[2-950]
Consciousness of guilt, lies and flight
[2-950]
Introduction
[2-953]
Alternative charges and included offences
[2-955]
Lies
[2-960]
Flight
[2-965]
Suggested direction — lies used as evidence of a consciousness of guilt
[2-970]
Suggested direction from Zoneff v The Queen — limiting the use of lies to credit
[2-1000]
Election of accused not to give evidence or offer explanation
[2-1000]
Introduction
[2-1010]
Suggested direction — failure of accused to give or call evidence
[2-1020]
Failure of offer explanation
[2-1030]
Weissensteiner comments
[2-1100]
Expert evidence
[2-1100]
Introduction
[2-1110]
Suggested direction — expert witnesses