Report No. 180

Mason CJ further observed:

"There is a distinction, no doubt a fine one, between an inference of guilt merely from silence and drawing an inference otherwise available, more safely, simply because the accused has not supported any hypothesis which is consistent with innocence from facts which the jury perceives to be within his or her knowledge. In determining whether the prosecution has satisfied the standard of proof to be requisite defence, it is relevant to assess the prosecution case on the footing that the accused has not offered evidence of any hypothesis or explanation which is consistent with innocence."