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Australia
jury directionsonus and standard of proof
De Silva v The Queen
(2019) 268 CLR 57
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
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