R v Accused (CA 78/88) - [1988] 2 NZLR 385

Criminal law — Practice and procedure — Trial — Directions to jury — Accused's right to silence — Counsel for accused suggested that a person who had died before the trial was responsible for the crime — Accused did not give evidence and the Judge commented on that fact — Whether Judge's comments had led the jury to believe that the burden of proof lay on the defence — Observations as to whether it is proper to refer to an accused's "failure" to give evidence, or whether reference should only be made to the fact that an accused had "refrained" from giving evidence — Whether the responsibility for the general direction of a defence, and the decision as to whether an accused gives evidence, rests with the accused or his counsel — Crimes Act 1961, s 366.