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Australia
Leading Case
right to silenceadverse inferencepre trial silence
Petty and Maiden v The Queen
[1991] HCA 34; (1991) 173 CLR 95
Key Principle
No adverse inference may be drawn, and no prosecution comment made, against an accused for exercising the right to silence before trial; reliance on the right to silence (including failing to disclose a defence later raised at trial) cannot be used to impugn credibility.
Area of Law
Criminal Law, Procedure & Evidence
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