In a judge alone trial where an accused gives evidence and calls significant good character evidence, the trial judge must expressly explain how the second limb of the Liberato direction (whether the accused's version could reasonably be true) and the second limb of the good character direction (whether good character supports the accused's credibility) were taken into account in reaching findings of guilt. A bare statement that the directions were given, without reasoning showing how they were applied, will constitute an error of law under s 133(2) and (3) of the Criminal Procedure Act 1986 (NSW). The stronger the character evidence and the more favourable the assessment of the accused's demeanour, the more detailed the required reasoning.
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