Brown v The Queen

[2020] VSCA 20

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for extension of time
4. › Delay of more than two years
5. › Whether explanation for delay satisfactory
6. › Whether proposed grounds of appeal have sufficient merit
7. › Criminal Procedure Act 2009 (Vic), s 313(2)
1. Criminal Law
2. › Defences
3. › Duress
4. › Reasonable belief
5. › Whether personal characteristics of accused relevant to objective assessment of reasonable belief
6. › Whether intermediate appellate court should depart from decision of another intermediate appellate court on Commonwealth legislation
7. › Criminal Code (Cth), s 10.2
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Conduct of trial counsel
5. › Whether forensic decisions of counsel bind the accused
6. › Whether failure to seek redirection constituted incompetence
7. › Whether deliberate forensic strategy amounts to miscarriage of justice
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Unsafe and unsatisfactory verdict
5. › Whether verdict unreasonable having regard to evidence
6. › Whether jury entitled to reject defence of duress

Quick Take

An intermediate appellate court should not depart from a decision of an intermediate appellate court in another jurisdiction on the interpretation of Commonwealth legislation unless convinced that the interpretation is plainly wrong. The objective test for reasonable belief under s 10.2(2) of the Criminal Code (Cth), as stated in Oblach, does not require regard to the personal characteristics of the accused. A deliberate forensic strategy by experienced counsel to concede elements of an offence in order to focus the jury on the sole defence will bind the accused on appeal.