Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 16

Comment on departure or failure

16. Comment on departure or failure



(1) Subject to subsections (2) and (3), the trial judge or, with the leave of
the court, a party may make any comment that the trial judge thinks
appropriate on-

   (a)  a departure referred to in section 15(1); or

   (b)  a failure by a party to comply with a requirement of this Act or an
        order made under this Act.

(2) The trial judge may only grant leave to a party to comment on a departure
or failure if satisfied that-

   (a)  the proposed comment is relevant; and

   (b)  the proposed comment is not likely to produce a miscarriage of
        justice.

(3) A comment made by the trial judge or a party must not-

   (a)  in the case of a departure, suggest that an inference of guilt may be
        drawn from the departure except in those circumstances in which such
        an inference might be drawn before the commencement of this section
        from a lie told by an accused; and





   (b)  in the case of a failure-

   (i)  suggest that an inference of guilt may be drawn from the failure
        except in those circumstances in which such an inference might be
        drawn before the commencement of this section from the failure of an
        accused to adduce evidence from a particular witness; or

   (ii) suggest that the failure may be taken into account in considering the
        probative value of the prosecution evidence except in those
        circumstances in which a failure of an accused to give evidence or
        adduce evidence from a particular witness may be taken into account
        for that purpose before the commencement of this section.