R v Lewis

(2002) 137 A Crim R 85; [2002] VSCA 200

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Practice and procedure
3. › Evidence
4. › Use of VATE tapes in criminal trials
5. › Whether VATE tapes should be marked as exhibits
6. › Whether jury should have unrestricted access during deliberations
7. › Fundamental irregularity
8. › Evidence Act 1958 (Vic), ss 37B, 37C
1. Criminal Law
2. › Appeal
3. › Unsafe and unsatisfactory verdict
4. › Whether verdict unreasonable or unsupported by evidence
5. › Word against word cases
6. › Crimes Act 1958 (Vic), s 568(1)
1. Criminal Law
2. › Practice and procedure
3. › Evidence
4. › Child complainants
5. › Video and audio taped evidence
6. › Balancing fairness to accused
7. › Directions to jury
8. › Evidence Act 1958 (Vic), ss 37B, 37C

Quick Take

VATE tapes recording the evidence-in-chief of child complainants under s 37B of the Evidence Act 1958 (Vic) should not be marked as exhibits in criminal trials but should be marked 'for identification' only. If the jury wishes to review a VATE tape during deliberations, this must be done in open court accompanied by balancing warnings. Unrestricted jury access to VATE tapes during deliberations constitutes a fundamental irregularity that will not readily be saved by the proviso to s 568(1) of the Crimes Act 1958.