s. s. 16 17 (1) Any rule of common law under which a trial judge in a criminal trial is required to direct the jury about— (a) any defences and alternative offences open on the evidence but which have not been identified as such during the trial; or (b) any alternative basis of complicity in the offence charged and any alternative offence in issue— is abolished. (2) Nothing in subsection (1) limits the obligation of the trial judge under section 15(1) to give directions. Notes 1 This provision abolishes the rule attributed to Pemble v R [1971] HCA 20; (1971) 124 CLR 107 and the application of in the context of complicity, for example Pemble Gilbert v R [2000] HCA 15; 201 CLR 414 and [2010] HCA R v Nguyen 38; (2010) 242 CLR 491. 2 Section 4 applies generally to override any rule of law or practice to the contrary of this Act. __________________ 17 Trial judge's obligations when summing up In his or her summing up to the jury, the trial judge— (a) must explain only so much of the law as is necessary for the jury to determine the issues in the trial; and (b) must refer the jury to the way in which the prosecution and the accused have put their cases in relation to the issues in the trial but
(1) Any rule of common law under which a trial judge in a criminal trial is required to direct the jury about— (a) any defences and alternative offences open on the evidence but which have not been identified as such during the trial; or (b) any alternative basis of complicity in the offence charged and any alternative offence in issue— is abolished. (2) Nothing in subsection (1) limits the obligation of the trial judge under section 15(1) to give directions. Notes 1 This provision abolishes the rule attributed to Pemble v R [1971] HCA 20; (1971) 124 CLR 107 and the application of Pemble in the context of complicity, for example Gilbert v R [2000] HCA 15; 201 CLR 414 and R v Nguyen [2010] HCA 38; (2010) 242 CLR 491. s. 16 2 Section 4 applies generally to override any rule of law or practice to the contrary of this Act. __________________ 17 Trial judge's obligations when summing up s. 17 In his or her summing up to the jury, the trial judge— (a) must explain only so much of the law as is necessary for the jury to determine the issues in the trial; and (b) must refer the jury to the way in which the prosecution and the accused have put their cases in relation to the issues in the trial but
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