64FDirections on order in which elements, defences and issues in dispute to be considered

64F Directions on order in which elements, defences and issues in dispute to be considered

(1) The trial judge may direct the jury on the order in which it must consider the following matters—

(a) some or all of the elements of an offence charged or an alternative offence;

(b) defences to an offence charged or an alternative offence;

(c) the matters in issue;

(d) an alternative basis of complicity in the commission of an offence charged or an alternative offence.

This may take the form of an integrated direction or factual question under section 67.

(2) Nothing in subsection (1) prevents the trial judge from directing the jury on the order in which the jury may consider the matters referred to in that subsection.

S. 64G inserted by No. 37/2017 s. 9.