Azzopardi v The Queen

Criminal law – Evidence - Accused not giving evidence - Right to silence - Distinction between comment and direction by trial judge - Circumstances where comment permissible.

Criminal law – Evidence - Accused not giving evidence - Right to silence - Nature of permissible comment by trial judge - Comment that accused did not deny or contradict evidence already given about matters within his personal knowledge not permissible - Suggestion that accused did not give evidence because the accused was, or believed that he was, guilty of the offence concerned - Contravention of Evidence Act 1995 (NSW), s 20(2).

Evidence – Criminal trial - Right to silence of accused - Comment by judge - Contravention of Evidence Act 1995 (NSW), s 20(2).

Evidence Act 1995 (NSW) – s 20(2).