Where prosecution witnesses are accomplices, the trial judge must give an accomplice warning even if not sought by defence counsel, and the proviso to s 568(1) of the Crimes Act 1958 will not be applied unless there is substantial evidence implicating the accused apart from the accomplice evidence. Where co-offenders have pleaded guilty to the same offences, the trial judge must direct the jury that the guilty pleas cannot be used as evidence of the accused's guilt. The question whether the accomplice warning rule admits of exceptions where the warning would damage the accused's interests was left open.
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