A trial judge must direct the jury to consider whether a witness who acquiesced in the use of premises for planning robberies and storage of weapons, and who had a motive to support a co-accused's evidence, could be characterised as an accomplice. The evidence of one accomplice cannot corroborate the evidence of another. Where the defence does not rely on an alibi notice and the notice is not admissible to prove consciousness of guilt, the notice should not be tendered and the jury should be directed to ignore any rebuttal evidence already admitted. The proviso cannot cure cumulative errors that affect the weight of the jury's verdict regarding disputed accomplice testimony.
The full text is available to signed-in members.