A prosecutor's expression of personal opinion and inflammatory remarks characterising an accused as a drug dealer in closing address is improper and prejudicial, but does not necessarily occasion a substantial miscarriage of justice where the trial judge gives effective curative directions. The jury's acquittal on one charge may demonstrate that the jury's reasoning was not irremediably polluted by the improper remarks. Under s 15 of the Jury Directions Act 2013 (Vic), where defence counsel fails to request directions, the applicant must demonstrate the trial judge ought to have concluded a substantial miscarriage of justice would result without the direction.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.