← All Authorities
Australia jury directionsonus and standard of proof

De Silva v The Queen

(2019) 268 CLR 57
JurisdictionAustralia
CourtHigh Court of Australia
Year2019
StatusBinding authority

Key Principle

A 'Liberato direction' (clarifying that the jury need not believe the accused's exculpatory account and that a preference for the complainant's evidence does not relieve the prosecution of proving guilt beyond reasonable doubt) is not required in every case where there are conflicting accounts; whether it is needed depends on whether, absent it, there is a real risk the jury may misunderstand the onus and standard of proof.

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123
Smethurst v Commissioner of Police (2020) 272 CLR 177
Lordianto v Commissioner of the Australian Federal Police Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 1; [2019] HCA 39

Ask CommonBench about this case

Get a detailed analysis of De Silva v The Queen and how it applies to your situation.

Explain De Silva v The Queen