Advice On Giving and/or Calling Evidence

Following on from the previous post about preparation of a Criminal Law Defence case, this post deals with the issue of the Accused giving and / or calling evidence at trial.

Once comprehensive written instructions have been taken from the Accused, he / she is entitled to be properly advised in respect of giving and / or calling evidence at the trial.  That advice should include a discussion of the importance of the following issues:

1. The relative strength of the Crown case;
2. The impact upon that case from the course of the cross-examination;
3. Making a sworn denial before the jury;
4. Whether there was some unanswerable problem that the Accused would confront in giving evidence;
5. Earlier versions given by the Accused which might be difficult to reconcile with the current evidence of the Accused;
6. How the Accused would conduct himself / herself as a witness;
7. The likely impression of the Accused upon the jury, if he / she gave evidence;
8. Any possible relevance of his / her not giving evidence at trial to the determination of an appeal against conviction;
9. A potential advantage in the case of being last to address the jury.

It is also quite proper to record the advice given to the Accused in that conference in a complete fashion.
(See R -v- ND [2004] 2 QdR 307; [2003] QCA 505.

Once again I have prepared a slide show presentation containing all of this information, which may also be of assistance to you.