Victorian Current Acts

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Accused entitled to respond after close of prosecution case

    (1)     After the close of the case for the prosecution, an accused is entitled—

        (a)     to make a submission that there is no case for the accused to answer;

        (b)     to answer the charge by choosing to give evidence or call other witnesses to give evidence or both;

        (c)     not to give evidence or call any witnesses.

Note to s. 226(1) inserted by No. 6/2017 s. 4(2).


Section 232A enables the trial judge, with the consent of the prosecution and the accused, to direct that expert witnesses give their evidence concurrently or consecutively. The trial judge may direct that this evidence be given at any stage of the trial, including before the prosecution has closed its case.

S. 226(2) inserted by No. 6/2017 s. 4(1).

    (2)     When ruling on a no-case submission by an accused, the trial judge may take into account the evidence already given of an expert witness called on behalf of any accused in the trial.

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