Lynn v The King

[2025] VSCA 315

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction
4. › Substantial miscarriage of justice
5. › Unfair conduct by prosecutor
6. › Multiple breaches of rule in Browne v Dunn
7. › Failure to put prosecution case to accused in cross-examination
8. › Reversal of onus of proof
9. › Whether substantial miscarriage of justice despite failure of defence counsel to seek discharge of jury
10. › Criminal Procedure Act 2009 (Vic), s 276(1)(a)
1. Criminal Law
2. › Trial
3. › Duties of prosecutor
4. › Cross-examination of accused
5. › Rule in Browne v Dunn
6. › Obligation to put matters to witness before attacking credibility in final address
7. › Suggestion of recent invention without proper basis
8. › Advancing theories not supported by evidence
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Unsafe and unsatisfactory verdict
5. › Whether verdict unreasonable or cannot be supported having regard to evidence
6. › Post-offence conduct as implied admission of guilt
7. › Absence of proven motive
8. › Criminal Procedure Act 2009 (Vic), s 276(1)(a)
1. Criminal Law
2. › Trial
3. › Jury directions
4. › Motive
5. › Whether unacceptable risk jury followed impermissible motive-based reasoning pathway
6. › Assumption that jury follows directions

Quick Take

Where persistent prosecutorial breaches of the rule in Browne v Dunn place defence counsel in a forensic dilemma entirely of the prosecution's making, the failure of defence counsel to apply for a discharge of the jury will not preclude a finding of substantial miscarriage of justice, and judicial directions may be insufficient to cure the unfairness.