When directing a jury on the offence of attempting to pervert the course of justice under s 43 of the Crimes Act 1914 (Cth), the trial judge must direct on the substantive offence (conduct with a tendency to pervert the course of justice done with intent to pervert) and not treat it as an attempt to commit a crime requiring directions on the distinction between preparation and attempt. Consciousness of guilt directions must address each act or statement of each accused separately, identify innocent explanations, and direct that the only reasonable inference must be consciousness of guilt. Where a corroboration warning is given for unreliable witnesses, the trial judge must identify what evidence is capable of confirming the unreliable evidence.
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