Victorian Consolidated Legislation

Evidence Act 2008 - SECT 89

Evidence of silence

89. Evidence of silence



(1) In a criminal proceeding, an inference unfavourable to a party must not be
drawn from evidence that the party or another person failed or refused-

   (a)  to answer one or more questions; or

   (b)  to respond to a representation-

put or made to the party or other person by an investigating official who at
that time was performing functions in connection with the investigation of the
commission, or possible commission, of an offence.

(2) Evidence of that kind is not admissible if it can only be used to draw
such an inference.

(3) Subsection (1) does not prevent use of the evidence to prove that the
party or other person failed or refused to answer the question or to respond
to the representation if the failure or refusal is a fact in issue in the
proceeding.

(4) In this section, inference includes-

   (a)  an inference of consciousness of guilt; or

   (b)  an inference relevant to a party's credibility.