RPS v The Queen

[2000] HCA 3
Judgment date
Case number
S116/1998
Before
Gaudron ACJ, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Criminal law – Evidence - Silence of the accused - Directions to jury - Circumstances in which jury may take account of accused's failure to give evidence.

Criminal law – Judicial instructions - Instructions about reasoning towards guilt.

Courts and judicial system – Apprehension of judicial bias - Tension between trial judge and counsel at trial - Use of trial judge's report by appeal court.

Words and phrases – "right to silence".

Criminal Appeal Act 1912 (NSW) – s 11.

Evidence Act 1995 (NSW) – s 20.

Files
3.rtf (71.96 KB)
3.pdf (143.74 KB)