When a jury view is ordered under s 53 of the Evidence Act 2008 (Vic), the trial judge must ensure an adequate record is made of what occurred, including by video, shorthand note, or judicial summary read into the transcript, and the summary must include any questions of substance asked by jurors and the judge's answers. The Court of Appeal has no power to correct a sentencing court's failure to record an offender's status as a serious sexual offender under s 6F of the Sentencing Act 1991 (Vic) unless the appeal is allowed and a different sentence imposed.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.