Kale (a pseudonym) v The King

[2024] VSCA 118

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Jury directions
5. › Misdirection as to prosecution case
6. › Trial judge directing jury that prosecution relied on evidence not in fact relied upon
7. › Whether error or irregularity in trial
8. › Whether substantial miscarriage of justice
9. › Criminal Procedure Act 2009 (Vic), s 276(1)(b)
1. Criminal Law
2. › Evidence
3. › Distress evidence
4. › Complainant distress as indirect evidence
5. › Whether prosecution relied on distress evidence
6. › Directions to jury on use of distress evidence

Quick Take

A trial judge's direction attributing to the prosecution submissions that were not in fact made constitutes an impermissible expansion of the prosecution case and may result in a substantial miscarriage of justice.

Case Details

Citation[2024] VSCA 118

CourtVSCA

JurisdictionVictoria

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