Advising an accused on whether or not to testify
Mon Dec 10 2018Standards
The attention of members is drawn to the recent judgment of the Western Australian Court of Criminal Appeal in Jeffery v The State of Western Australia [2018] WASCA 219, dealing with the obligations on defence counsel with respect to advising an accused person on whether or not to testify in his or her defence. It was held that the appellant suffered a miscarriage of justice because of the inadequate advice given to him by his legal advisers regarding the advantages and disadvantages of testifying as well as the timing of the advice (at the beginning of the defence case). View the case here.