NSWIn ForceAct
Criminal Procedure Act 1986
146ADrawing of inferences in certain circumstances
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#### 146A Drawing of inferences in certain circumstances
146A Drawing of inferences in certain circumstances
> > (1) This section applies if—
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> > > (a) the accused person fails to comply with the requirements for pre-trial disclosure imposed by or under this Division on the accused person, or
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> > > (b) the accused person is required to give a notice under section 150 (Notice of alibi) and fails to do so.
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> > (2) If this section applies—
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> > > (a) the court, or any other party with the leave of the court, may make such comment at the trial as appears proper, and
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> > > (b) the court or jury may then draw such unfavourable inferences as appear proper.
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> > (3) A person must not be found guilty of an offence solely on an inference drawn under this section.
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> > (4) Subsection (2) does not apply unless the prosecutor has complied with the requirements for pre-trial disclosure imposed by or under this Division on the prosecution.
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> > (5) This section does not limit the operation of section 146.
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> **s 146A:** Ins 2013 No 10, Sch 1 \[8\].