JCV updates

The Judicial College has updated its Charge Book.Changes bring the manual further into line with the provisions of the Evidence Act 2008. They include:New Chapters4.15.1 - Silence in Response to People in Authority – Bench Notes and a Charge4.15.2 - Silence in Response to Equal Parties – Bench Notes and a ChargeRevisions4.1 - The Accused …

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Jurors not allowed to do research

It's a traditional common law directive (now given a 'gloss' at s 78A of the Juries Act 2000) that jurors are not to make their own enquiries about the case they are required to decide.The rationale is easy to follow. Evidence that goes into the jury room without the knowledge of the court hasn't had …

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When is lay opinion 'necessary'?

Edit: I have been pointed to the decision of Connex Group Australia v Butt [2004] NSW 379 on this point. White J delivers a comprehensive judgment explaining his decision to allow lay opinion about the substance of conversation, where the words themselves could no longer be recalled.I'll write a full post on it when time …

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When is lay opinion ‘necessary’?

Edit: I have been pointed to the decision of Connex Group Australia v Butt [2004] NSW 379 on this point. White J delivers a comprehensive judgment explaining his decision to allow lay opinion about the substance of conversation, where the words themselves could no longer be recalled.I'll write a full post on it when time …

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Implied waiver of the right to silence

Interesting times over in the land of the free and home of the brave, as the US Supreme Court has held in a 5-4 decision that the right to silence must be unambiguously (and probably expressly) asserted.The full text of Berghuis v Thompkins 560 US (including the dissenting judgment) can be found here.In the US, …

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