Where a trial judge fails to direct the jury that there may be reasons for flight apart from consciousness of guilt, and erroneously admits hearsay evidence of an unavailable witness, the conviction may nonetheless be upheld if the Crown case was overwhelming and the errors could not have influenced the verdict. For the purposes of s 65 of the Evidence Act 2008 (Vic), 'all reasonable steps' to find a witness or secure attendance requires more than attempts to serve a subpoena; it may include checking uncollected mail, conducting surveillance at associated addresses, making enquiries of associates, and seeking orders for substituted service.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.