Farshchi v. The King

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.