After the High Court's decision in Azzopardi v The Queen, the earlier CCA authorities in R v Bargwann and R v OGD requiring a direction that there may be reasons why an accused did not give evidence are not applicable where the jury is directed in accordance with Azzopardi and no Jones v Dunkel direction is given. The direction that exculpatory ERISP statements are 'not evidence in the same sense as the testimony of a witness given on oath' is accurate and does not contravene s 20 of the Evidence Act 1995.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.