The Court of Appeal held that a trial judge's order to empanel 15 jurors under s.13(1) of the Juries Act 2000 (Vic) could be implied from the circumstances, even though no formal order was recorded. The Court also held that such an order is not an 'instrument' within the meaning of s.46 of the Acts Interpretation Act 1958 (Vic), and therefore alterations to the jury panel sheet did not invalidate the order. The Court upheld the trial judge's discretion to admit evidence of a confession obtained after the appellant said 'I wait' for his solicitor, finding no error in the judge's conclusion that the appellant had not unequivocally asserted his right to silence.
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