Brain v The Queen [2010] VSCA 172: cutting and pasting the interview

Section 89 of the Evidence Act prevents evidence of silence being used to infer guilt. If evidence can only serve that purpose it is not admissible.(As Jeremy Gans commented on my related post last year, this includes silence by any person, not just the accused, in response to an investigating official. It's possible to think …

Continue reading Brain v The Queen [2010] VSCA 172: cutting and pasting the interview