Strbak – the right to silence in contested facts hearings on sentence

Yesterday, in Strbak the High Court allowed an appeal from the QCA, holding that adverse inferences should not be made where the offender declines to give sworn evidence in a contested facts hearing. In doing so, the Court overturned Miller, a QCA authority on this point. CONTENT WARNING: Child homicide Factual Background The Appellant and … Continue reading Strbak – the right to silence in contested facts hearings on sentence