Criminal law – Appeal against conviction – Where appellant charged with two forced labour offences contrary to Criminal Code (Cth) – Where County Court of Victoria exercised federal jurisdiction for appellant's trial and conviction on indictment – Where trial judge proceeded on basis that ss 63 and 64 of Jury Directions Act 2015 (Vic) applied in accordance with s 68(1)(c) of Judiciary Act 1903 (Cth) – Where jury directed in accordance with s 64(1)(e) of Jury Directions Act that "[a] reasonable doubt is not an imaginary or fanciful doubt or an unrealistic possibility" – Whether indication that "reasonable doubt is not ... an unrealistic possibility" alters, impairs, detracts from or diminishes criminal standard of proof "beyond reasonable doubt" – Whether indication inconsistent with s 13.2 of the Criminal Code (Cth).
Constitutional law – Whether explanation contained in Jury Directions Act inconsistent with requirements of "trial on indictment ... by jury" in s 80 of Constitution – Whether essential content of "trial on indictment ... by jury" includes requirement that jury be unanimously satisfied of guilt beyond reasonable doubt.
Words and phrases – "alter, impair or detract", "beyond reasonable doubt", "Commonwealth offences", "compound expression", "connotation", "controlling standard", "denotation", "essential feature", "explanation", "federal jurisdiction", "imaginary or fanciful doubt", "improbable", "inconsistency", "picked up and applied", "proof beyond reasonable doubt", "standard of proof", "sure", "trial on indictment by jury", "unreal possibility", "unrealistic possibility".
Constitution, ss 80, 109.
Criminal Code (Cth), ss 13.2, 270.6A.
Judiciary Act 1903 (Cth), s 68.
Jury Directions Act 2015 (Vic), ss 63, 64.
