Abstract: In September, the New South Wales ('NSW') Government announced its intention to reform the right to silence laws through the Evidence Amendment (Evidence of Silence) 2012 Bill. In justifying the merits of the Bill the Premier of NSW, Barry O'Farrell, stated in Parliament: We [the Government] are going to tilt the scales of justice towards common sense because the Government is toughening the law that deals with the right to silence. There are many occasions when it would be sensible to conclude there is something suspicious about an accused person who fails to cooperate with police during an investigation only to later reveal something that they claim proves their innocence. The current law, which compels jurors to ignore such shenanigans, is not common sense, and our amendment will free jurors from these legal shackles.
To cite this article: Pheeney, David. In defence of the right to silence: An indigeno us perspective [online]. Indigenous Law Bulletin, Vol. 8, No. 3, Nov/Dec 2012: 3-5.
[cited 30 Nov 15].