The Azzopardi direction is desirable unless there is some feature of the case that renders it unnecessary or inappropriate; the correct starting point is not whether something about the case requires such a direction. A jury question about the status of a record of interview vis-à-vis sworn evidence may call for an Azzopardi direction even where defence counsel does not seek one. When directing under s 61 of the Crimes Act 1958 (Vic) on delay in complaint, the trial judge must clearly distinguish between the statutory direction of law (that there may be good reasons for delay) and any comments on the particular facts of the case, so that the jury understands which matters they are free to disregard.
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