A trial judge's direction that there is no evidence to contradict the prosecution case, given immediately after a clear direction about the accused's right not to give evidence, does not reverse the onus of proof where it is properly understood as pointing out that unaccepted suggestions in cross-examination do not constitute evidence. Rhetorical questions about whether the jury disbelieves a witness do not offend Palmer v The Queen where no question of motive to lie is introduced and the questions are confined to urging the jury to assess credibility. The interaction of s 11(2) of the Criminal Code and s 20(2)(d) of the Acts Interpretation Act remains governed by R v PAZ, though McMurdo JA has signalled disagreement with that reasoning. A sentence of 15 years for maintaining an unlawful sexual relationship over six and a half years involving a parental offender with prior sexual offending history and no remorse is within range.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
4 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.