Criminal practice – Jury trial – Separation of jury after retirement and before verdict given or jury discharged – Juries Act 2000 (Vic) – Where jurors took separation oath on first day of trial – Where trial judge twice permitted jury to separate after retirement and before verdict or discharge – Where jury not reminded of separation oath – Where respondent's appeal against conviction successful – Where Court of Appeal held discretion to allow jury to separate conditional on jurors having taken separation oath shortly before power to allow separation exercised – Whether Juries Act, s 50 requires jurors to take separation oath shortly before power to allow separation exercised
Words and phrases – "administration of jury trials", "deliberations", "discretion", "enduring efficacy of an oath taken by jurors", "error or irregularity", "integrity of the trial process", "jurors", "jury", "legislative history", "protecting the integrity of a jury's verdict", "reminder", "safeguard", "separation during deliberations", "separation oath", "sequestration", "text and statutory context".
Juries Act 2000 (Vic), s 50, Sch 5.