A direction warning the jury that evidence of flight is not conclusive of guilt is not required as a general rule in all criminal trials where flight is an issue, but is commonly desirable where circumstances raise the risk the jury would treat such evidence as conclusive. Where an accused has pleaded guilty to a lesser offence, the trial judge should draw the jury's attention to the difficulty of inferring from flight a consciousness of guilt of the more serious offence. When sentencing an offender who has lost parole on a transferred interstate sentence, the court must make a fresh parole recommendation under s 157(3) of the Penalties & Sentences Act 1992.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.