Catchwords
Criminal law – Appeal - Jury misdirection - Application of "proviso" - Appellant convicted of offence under Occupational Health and Safety Act 2004 (Vic) - Trial judge failed to direct jury that prosecution had to prove beyond reasonable doubt particular element of offence in issue - Whether appellate court able to conclude that no substantial miscarriage of justice occurred - Whether judicial "discretion" in applying proviso.
Words and phrases – "proviso", "substantial miscarriage of justice".
Crimes Act 1958 (Vic) – s 568(1).
Occupational Health and Safety Act 2004 (Vic) – s 21.