A co-offender's plea of guilty is not admissible at an accused's trial as evidence of the truth of the facts on which the plea was based, including the co-offender's intention, regardless of whether the co-offender is called as a witness. Where such evidence is adduced, the trial judge must direct the jury that it cannot be used as evidence against the accused. The principle from R v Kirkby is not confined to cases where the co-offender does not give evidence at trial.
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