New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 146A

146A Drawing of inferences in certain circumstances

(1) This section applies if--

(a) the accused person fails to comply with the requirements for pre-trial disclosure imposed by or under this Division on the accused person, or

(b) the accused person is required to give a notice under section 150 (Notice of alibi) and fails to do so.

(2) If this section applies--

(a) the court, or any other party with the leave of the court, may make such comment at the trial as appears proper, and

(b) the court or jury may then draw such unfavourable inferences as appear proper.

(3) A person must not be found guilty of an offence solely on an inference drawn under this section.

(4) Subsection (2) does not apply unless the prosecutor has complied with the requirements for pre-trial disclosure imposed by or under this Division on the prosecution.

(5) This section does not limit the operation of section 146.