R v Taylor

[2019] QCA 263

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Improper admission or rejection of evidence
5. › Cross-examination on recent invention
6. › Whether cross-examination on failure to brief defence expert infringed right to silence
1. Criminal Law
2. › Evidence
3. › Right to silence
4. › Scope of protection
5. › Whether right extends to communications with defence expert
6. › Whether failure to brief own expert witness is exercise of right to silence
1. Criminal Law
2. › Evidence
3. › Recent invention
4. › Cross-examination suggesting tailoring of evidence
5. › Whether permissible to cross-examine on failure to provide version of events to person not in authority

Quick Take

The right to silence does not prevent cross-examination of an accused about their failure to provide their own defence expert with their version of events prior to trial. Such a failure is a forensic decision about the conduct of the defence, not an exercise of the right to silence, and the Crown may cross-examine on it to suggest recent invention or tailoring of evidence.