The Evidence Act 1995 (NSW) ss 164(1) and 164(3)(a) have removed the requirement for a trial judge to routinely warn the jury that it is dangerous to act on uncorroborated evidence of an accomplice. However, such a warning remains appropriate where necessary to avoid a perceptible risk of miscarriage of justice. In drug supply cases, a direction that the Crown must prove the accused knew the quantity exceeded the commercial quantity is not required where the defence case is a complete denial of knowledge of drugs, such that the jury has no basis to differentiate between knowledge of the drug and knowledge of the quantity.
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