Right To Remain Silent

Question 1

What is s464J

Answer 1

Right to remain silent

Question 2

Define the right to remain silent

Answer 2

The right to silence is an immunity from compulsion to answer questions which
manifests itself in the courtroom.

It is not a right to be protected from self-
incrimination.

Question 3

What is the inference that can be drawn to a person’s silence when being questioned re: an offence.

Give example

Answer 3

Failure to provide an explanation Can be seen as an implied guilt.

I.e
Weissensteiner v The Queen
-3x people went out on the boat but only 1 came back
-Weissensteiner did not make a mention about what happened to the other 2

• His failure to give evidence is not evidence in itself. Now codified in s20 (1) Evidence Act.