The DLS Portal will be offline for maintenance and upgrades from 6.00pm (AEST) Friday, 12 September 2025 to 8.00am (AEST) Monday, 15 September 2025.
Judgment date
Case number
S105/2000
S39/2000
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords
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).