Asare (a pseudonym) v The King

[2025] VSCA 222

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Substantial miscarriage of justice
4. › Prosecution's pre-trial disclosure obligations
5. › Failure to disclose material relevant to credibility of prosecution witness
6. › Whether undisclosed material could realistically have affected jury's reasoning to verdict
7. › Criminal Procedure Act 2009 (Vic), s 276(1)(b)
1. Criminal Law
2. › Appeal
3. › Substantial miscarriage of justice
4. › Remedy
5. › Whether acquittal or retrial should be ordered
6. › Public interest in prosecution of serious offences
1. Evidence
2. › Credibility
3. › Exceptions to credibility rule
4. › Cross-examination on prior false representations
5. › Whether undisclosed material admissible as credibility evidence
6. › Evidence Act 2008 (Vic), ss 102, 103, 106

Quick Take

The materiality test for prosecution non-disclosure articulated in Brawn v The King — that the error or irregularity must be shown to have 'could realistically have affected the reasoning of the jury to its verdict' — applies to Victorian criminal appeals under s 276(1)(b) of the Criminal Procedure Act 2009, even though Brawn concerned the 'common form' provisions used in other States.