[name withheld] direction is not required where the alleged lies cannot be independently proved other than by the jury's assessment of the accused's creditworthiness, and where the lies do not amount to implied admissions of guilt of the offences charged but merely affect credibility. The distinction between lies as evidence of guilt and lies affecting credibility remains fundamental to determining when [name withheld] direction is necessary. The prosecutor's continuing disclosure obligation under the Criminal Procedure Act 2004 (WA) is satisfied where the substance of the material is communicated to defence counsel, even if the precise timing is uncertain, and where defence counsel has the opportunity to obtain the full material but elects not to do so.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.