~By Pragun Goyal The presumption of innocence of the accused is an esteemed ‘golden thread’ in the criminal jurisprudence which is fundamentally tied to a reputation-related aspect of the accused in the criminal trial. The raisons d’être of this aspect is that no one can impute guilt to the accused before he is convicted beyond … Continue reading Reverse Burden of Proof and its Implications on Presumption of Innocence| The Criminal Law Blog
It is important to note that the law has since changed. In 2013, after Lane’s trial, the NSW Government introduced Section 89A, which applies to serious indictable offences. This amendment allows a court to draw an unfavourable inference if an accused remains silent about a fact they later rely on as part of their defence – particularly if they could reasonably have been expected to mention it earlier.| Rule of Law Education Centre