- De Silva v The Queen  HCA 48
- DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth of Australia  HCA 47
- Boensch v Pascoe  HCA 49
- CNY17 v Minister for Immigration and Border Protection  HCA 50
Directions to jury – Liberato direction
De Silva v The Queen  HCA 48 (13 December 2019) concerned the adequacy of directions given to the jury in a criminal trial. The trial judge had not been asked to give, and did not give, a direction along the lines of the direction proposed by Brennan J in Liberato v The Queen (1985) 159 CLR 507 at 515 (a ‘Liberato direction’). Such a direction serves to clarify and reinforce directions on the onus and standard of proof in a case in which there is a risk that the jury may be left with the impression that the evidence on which the accused relies will only give rise to a reasonable doubt if they believe it to be truthful, or that a preference for the evidence of the complainant suffices to establish guilt.