Churchill (a pseudonym) v The King

[2024] VSCA 151

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction
4. › Sexual offences
5. › Incest
6. › Distress evidence
7. › Directions to jury
8. › Whether judge required to direct on causal link between distress and offending
9. › Whether judge required to warn that distress evidence generally carries little weight
10. › Substantial miscarriage of justice
11. › Jury Directions Act 2015 (Vic), s 16
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Sexual offences
5. › Distress evidence
6. › Proper directions
7. › Corrections to Victorian Criminal Charge Book model directions on pretrial distress
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Misconduct evidence
5. › Whether evidence admitted outside scope of agreement between prosecution and defence
6. › Forensic decision by trial counsel
7. › Whether substantial miscarriage of justice
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Unreasonable verdict
5. › Whether verdict unreasonable having regard to complainant's mental conditions and descriptions of memory
6. › Criminal Procedure Act 2009 (Vic), s 276(1)(a)

Quick Take

The current Charge Book model direction on pretrial distress in Victorian sexual offence trials contains three identified deficiencies: the word 'immediately' is too restrictive, the 'no other reason' formulation overstates the causal requirement, and the weakness warning should include the qualifier 'generally'.