FL,
fair comment re "abolition" - a slight detour into hyperbole. The subject provokes very strong views either way here - see Weissensteiner v R (1993) 178 CLR 217. Notwithstanding that I appeared for the "good" ("bad"?) guys, I am still conflicted about any UK-style change.
Adverse inference directions are very rarely given here in oz. Why jeopardise an otherwise perfectly good conviction?
I'm assuming that your "subtext" is that you are DPP/CPS.
I agree with each of the points you make, and agree that - if the advancement of safety were the
only consideration - the issue of prosecution would never arise.
Sometimes that has to be subordinate to considerations of general/specific deterrence, public vindication, punishment...etc.
Anyway, I detested jurisprudence at uni, and had to wiki Bentham just to remind myself about utilitarianism
Too much more lawyering is likely to provoke a violent response from the habitues
