A co-offender's bare plea of guilty is not admissible as evidence of the accused's guilt but may be admissible as to the co-offender's credibility where credit is in issue. The course of conduct on the plea — the plea together with the prosecution summary of facts — may constitute an implied representation admissible as a prior inconsistent statement under ss 43 and 60 of the Evidence Act 2008 (Vic). Where evidence of a co-offender's plea is admitted, the trial judge must direct the jury as to its permissible use and non-misuse, whether or not counsel seeks such a direction. Bou-Elias v R is confined to its particular facts and does not provide sound guidance on the general question.
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