R v McKenzie-McHarg

(2008) 189 A Crim R 291; [2008] VSCA 206

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Uncharged acts
4. › Direction to jury
5. › Limited purpose for which uncharged acts evidence may be used
6. › Whether trial judge erred in directions regarding uncharged acts evidence
1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Unsafe and unsatisfactory verdict
5. › Whether verdicts open to jury on the whole of the evidence
1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Inconsistent verdicts
5. › Whether conviction on one count fundamentally inconsistent with acquittal on another

Quick Take

While it is desirable to avoid the term 'uncharged acts' in jury directions, using that description is not a legal error; what is critical is that the jury is clearly directed as to the limited purpose for which such evidence may be used and that it cannot substitute for proof of the charged offences. Where uncharged acts evidence may form the basis of an inference of guilt or constitute an indispensable link in a chain of reasoning towards guilt, the jury should be directed that they must be satisfied beyond reasonable doubt of that evidence.