A trial judge may give an unreliable evidence warning under s 165 of the Evidence Act 2008 (Vic) in respect of evidence favourable to the defence, but there are dangers in doing so and great care should be exercised; the fact that the warning is adverse to the accused may constitute a 'good reason' under s 165(3) for not giving it. Judicial comments on evidence, even if inappropriate or unwise, will not result in a miscarriage of justice if the charge, read as a whole, fairly puts both sides of the case, repeatedly directs on the onus and standard of proof, and leaves factual matters to the jury.
The full text is available to signed-in members.