Director of Public Prosecutions Reference No 1 of 2017

Case No.

M129/2018

Case Information

Lower Court Judgment

23/03/2018 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Weinberg and Beach JJA)

[2018] VSCA 69

Catchwords

Criminal law – Trial by jury – Prasad direction – Where accused charged with murder – Where counsel for accused sought Prasad direction on basis prosecution case not strong insofar as prosecution required to prove beyond reasonable doubt accused not acting in self-defence – Where trial judge gave Prasad direction – Where jury returned verdicts of not guilty of murder or manslaughter – Where Director of Public Prosecutions referred point of law to Court of Appeal under s 308 of Criminal Procedure Act 2009 (Vic) – Where Court of Appeal determined giving of Prasad direction not contrary to law – Where majority of Court of Appeal determined direction may continue to be administered to jury in criminal trial – Whether Court of Appeal erred in determining giving of Prasad direction not contrary to law – Whether majority of Court of Appeal erred in determining Prasad direction may continue to be administered to jury in criminal trial.

Short particulars

Documents

15/08/2018 Determination (SLA, Canberra)

29/08/2018 Notice of appeal

26/09/2018 Written submissions (Appellant)

26/09/2018 Chronology (Appellant)

12/10/2018 Written submissions (Respondent/Acquitted Person)

19/10/2018 Reply

06/11/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

06/11/2018 Outline of oral argument (Appellant)

06/11/2018 Outline of oral argument (Respondent / Acquitted Person)

20/03/2019 Judgment (Judgment summary)

Audio-visual recordings of Full Court hearings heard in Canberra

Case: SAS Trustee Corporation v. Miles

Date: 16 August 2018

Transcript: Hearing

AV time: 1h 06m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

Audio-visual recordings of Full Court hearings heard in Canberra

Case: Work Health Authority v. Outback Ballooning Pty Ltd & Anor

Date: 15 August 2018

Transcript: Hearing

AV time: 3h 31m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

Audio-visual recordings of Full Court hearings heard in Canberra

Case: Work Health Authority v. Outback Ballooning Pty Ltd & Anor

Date: 14 August 2018

Transcript: Hearing

AV time: 4h 34m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

Audio-visual recordings of Full Court hearings heard in Canberra

Case: Commissioner of Taxation for the Commonwealth of Australia v. Tomaras & Ors

Date: 10 August 2018

Transcript: Hearing

AV time: 3h 01m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

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