Hargraves v The Queen (2011) 282 ALR 214

Facts: 2 defendants (Ds) were convicted of charges re tax avoidance scheme. They had made false representations about the amount of allowable deductions. D’s dishonesty was the only issue at trial. A witness (W) (accountant) gave evidence for the prosecution (Pr) and was cross-examined (CE) on the basis that he had tailored this evidence to avoid prosecution himself. The TJ directed the jury that in the process of assessing credibility evidence, they should consider: “Does the witness have an interest in the subject matter?” (e.g. friendship, self-protection). D counsel asked that the jury be discharged because the direction invited them to test the evidence according to interest in the outcome. The trial judge (TJ) refused.

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