There is no requirement in Western Australia that a Liberato direction be given in every case involving a substantial conflict between prosecution and defence evidence. However, where a trial judge invites the jury to consider why a witness might be deliberately lying, this risks contravening Palmer v The Queen by suggesting the jury should accept prosecution evidence unless the accused establishes a reason for the witness to lie. If such an invitation might lead the jury to conclude the accused was conscious of guilt, an Edwards direction is required. The proviso will not be applied where the misdirection affects the jury's assessment of critical factual issues going to the accused's intention.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.