Request for direction on family violence — self‑defence
39C Request for direction on family violence — self‑defence
In criminal proceedings in which self‑defence in response to family violence is an issue, defence counsel (or, if the accused is unrepresented, the accused) may request at any time that the trial judge direct the jury on family violence in accordance with section 39E and all or specified parts of section 39F.
The trial judge must give the jury a requested direction on family violence, including all or specified parts of section 39F if so requested, unless there are good reasons for not doing so.
If a direction on family violence is not requested, the trial judge may give the direction if the trial judge considers that it is in the interests of justice to do so.
The trial judge —
must give the direction as soon as practicable after the request is made; and
may give the direction before any evidence is adduced in the trial.
The trial judge may repeat a direction at any time in the trial.
This section, and sections 39E and 39F, do not limit what the trial judge may include in any other direction to the jury, including in relation to evidence given by an expert witness.
[Section 39C inserted: No. 30 of 2020 s. 94.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.