Scam alert – fraudulent email address ‘subpoena@hcourt.gov.au’

The Court is aware of a scam involving the use of a fraudulent email address purporting to be an official High Court email address – ‘subpoena@hcourt.gov.au’ 

This email address is not associated with, authorised by, or operated by the Court. 

Recipients of emails from this account should exercise caution and should not click on links, open attachments or provide personal or financial information. 

Farshchi v. The King

Case No. M20/2025
Case information

Lower Court Judgment

14/10/2024 Supreme Court of Victoria (Court of Appeal) (Priest, Niall and Taylor JJA)

[2024] VSCA 235

Catchwords

Constitutional law – Inconsistency – Criminal law – Appeal – Conviction – Where appellant charged with causing a person to remain in forced labour and conducting a business involving forced labour – Criminal Code Act 1995 (Cth) – ss 270.6A(1) and (2) – Trial – Jury Directions Act 2015 (Vic) – s 64(1)(e) – Where trial judge directed the jury as to the meaning of the phrase “beyond reasonable doubt” – Whether trial judge erred by directing the jury that a reasonable doubt is not an unrealistic possibility – Whether direction diminishes the criminal standard of proof – Whether direction inconsistent with s 13.2 of the Criminal Code (Cth) and s 80 of the Constitution ­– Whether s 64(1)(e) is thereby not picked up by s 68(1) of the Judiciary Act 1903 (Cth) to apply to trials conducted in federal jurisdiction.

Case Summary

Download a brief summary of the case

Documents

06/03/2025 Determination

27/03/2025 Notice of appeal

24/04/2025 Written submissions (Appellant)

24/04/2025 Chronology (Appellant)

22/05/2025 Written submissions (Respondent)

05/06/2025 Written submissions (Attorney-General for the State of Victoria, intervening)

12/06/2025 Reply

05/08/2025 Hearing: [2025] HCATrans 051 (Full Court, Canberra)

05/08/2025 Outline of oral argument (Appellant)

05/08/2025 Outline of oral argument (Respondent)

05/08/2025 Outline of oral argument (Attorney-General for the State of Victoria, intervening)

03/12/2025 Judgment (Judgment summary)

Case recording