Section 9(4) unsworn evidence warnings and s 34D weight directions do not apply to audio visual records of interviews admitted under s 13BA of the Evidence Act 1929 (SA). A trial judge is not required to direct the jury to differentiate between the weight of s 13BA evidence and testimonial evidence, as such a direction would be inconsistent with s 13BA(6)(b)(ii). The s 13BA(6) warning need not be repeated in summing up where it has been adequately given before admission of the evidence and a similar warning under s 13A(12) has also been given. A direction that the jury must assess the complainant's evidence 'very carefully' because conviction depends on it is adequate as a direction to scrutinise with special care.
The full text is available to signed-in members.