A direction that motive must be proved beyond reasonable doubt is only required where the Crown relies on motive as proof of guilt or as an indispensable link in a chain of circumstantial proof; no such direction is required where motive is relied upon merely in support of accomplice testimony. There is no requirement under s 38 of the Evidence Act 1995 (NSW) that the statement used to cross-examine a witness be contemporaneous with the events described. There is no general obligation to give specific directions to the jury whenever a s 38 order is made.
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