Awad v. The Queen
Tambakakis v. The Queen

Lower Court Judgment

15/10/2021 Supreme Court of Victoria Court of Appeal (Priest, McLeish, Niall JJA)

[2021] VSCA 285

Catchwords

Criminal law – Jury directions – Jury Directions Act 2015 (Vic) – Where s 44J(b) of Jury Directions Act prohibited trial judge from directing jury that accused gave evidence because: (i) guilty person who gives evidence more likely to be believed; and (ii) innocent person can do nothing more than give evidence – Where appellants arraigned before jury panel, both pleading not guilty to one charge alleging commission of offence of attempt to possess commercial quantity of unlawfully imported border controlled drug – Where Crown's case was appellants in joint possession of drugs for period – Where Tambakakis gave sworn evidence – Where trial judge gave jury direction regarding Tambakakis' evidence that Court of Appeal held contrary to s 44J of Jury Directions Act – Where Court of Appeal held, despite direction contrary to s 44J of Jury Directions Act, direction did not result in substantial miscarriage of justice for either appellant – Whether, given impugned direction prohibited by s 44J of Jury Directions Act, substantial miscarriage of justice occurred.