Murray Direction

A Murray direction originates from the case of R v Murray (1987) 11 NSWLR 12. A Murray direction is a judicial instruction to a jury in a criminal trial that they should be cautious when considering the evidence of a single, uncorroborated witness.

Due to reforms to sexual offence trials and the recognition of the difficulties complainants face, the use of the Murray direction has been prohibited in prescribed sexual offence matters under section 294AA of the Criminal Procedure Act 1986 (NSW). The purpose is to avoid giving the impression that the uncorroborated evidence of complainants in sexual cases is inherently unreliable.

Ewen Case

Ewen v R [2015] NSWCCA 117 ruled that a Murray direction is prohibited in cases of prescribed sexual offences under s 294AA(2) of the Criminal Procedure Act 1986 (NSW). This is due to the direction being essentially a warning about the unreliability of uncorroborated complainant evidence, which the legislation forbids in these cases. In prescribed sexual offence matters, a judge should not give a warning about the unreliability of uncorroborated evidence.

Prohibition in Prescribed Sexual Offence Matters:

The Ewen case confirmed that s 294AA(2) of the Criminal Procedure Act 1986 (NSW) prohibits a Murray direction in prescribed sexual offence matters. This is because the nature of sexual offences often means evidence is confined to the private interactions between the victim and the accused, making corroboration difficult to find.

The Court found that the mere absence of corroboration in a prescribed sexual offence case cannot be the basis for a Murray direction. The legislation aimed to prevent an assumption of unreliability based solely on the lack of corroboration in sexual offence cases.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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