The Court held that when requesting an unreliable evidence direction under s 32 of the Jury Directions Act 2015 (Vic), the trial judge must first determine whether the evidence is of a kind that may be unreliable (including by reason of a combination of factors not listed in s 31), and only then consider whether there are good reasons not to give the direction — the judge must not invert this process.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
2 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.