44Abolition of common law rules

44 Abolition of common law rules

(1) Except as provided by this Division, a trial judge is not required to direct the jury—

(a) when the accused does not give evidence or call a witness; or

(b) when the prosecution does not call or question a witness.

1 This provision abolishes directions based on the rule attributed to Weissensteiner v R [1993] HCA 65; (1993) 178 CLR 217 and applied in Azzopardi v R [2001] HCA 25; (2001) 205 CLR 50 and the rule attributed to Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 and applied to the accused and prosecution in criminal cases in Dyers v R [2002] HCA 45; (2002) 210 CLR 285.

Pt 4 Div. 7 (Heading and ss 44A–44E) inserted by No. 37/2017 s. 5.