SUPREME COURT OF VICTORIA
RECENT JUDGMENTS BULLETIN
ISSUE NO. 5/2015
Below is a list of Victorian Supreme Court unreported judgments received in the Library from
23 March to 2 April 2015. Catchwords are included when provided on the cover sheet of the
unreported judgment. Hypertext links to AustLII are inserted at the time of producing of this
page. However, there may be a two week delay before the unreported judgment is actually
loaded onto AustLII.
Enquires regarding unreported judgments can be forwarded to the Supreme Court Library at:
sclib@supremecourt.vic.gov.au or telephone (03) 9603 6282.
TABLE OF CONTENTS
COURT OF APPEAL ................................................................................................ 1
COMMERCIAL COURT .......................................................................................... 5
COMMERCIAL & EQUITY DIVISION .................................................................. 7
COMMON LAW DIVISION .................................................................................... 7
CRIMINAL DIVISION ........................................................................................... 10
COURT OF APPEAL
CONTRACT - Whether parties had concluded a settlement agreement to settle
disputes arising in the course of a joint venture - Absence of credibility findings on
important factual questions - Matter remitted for new hearing.
COURTS - Whether reasons for finding that there had been no settlement agreement
were adequate - Competing witness statements, documentary evidence and primary
arguments not referred to by trial judge - Appeal allowed.
FIDUCIARY DUTIES - Joint venture - Whether appellant owed a fiduciary duty to
respondent - Matter raised for the first time on appeal - Absence of evidence - Notice
of contention dismissed
Assad, Sinot Samy v Eliana Construction & Developing Group P/L
Redlich JA, Kyrou JA, and McLeish JA
[2015] VSCA 53
01/04/2015
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CONTRACT LAW - Commission for sale of business - Absence of clear offer and
acceptance - Whether acceptance of offer could be inferred from the circumstances Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523,
PRA Electrical v Perseverance Corporation Pty Ltd (2007) 20 VR 487 and Vroon v
Foster’s Brewing Group Ltd [1994] 2 VR 32 applied - Trial judge correctly found
offer was accepted - Appeal dismissed.
CONTRACT LAW - Commission for sale of business - Variation of original
agreement - Whether term as to amount of commission implied into varied agreement
- Hawkins v Clayton (1988) 164 CLR 539 and Codelfa Construction Pty Ltd v State
Rail Authority of New South Wales (1982) 149 CLR 337 applied - Commercial
setting important - Trial judge correct in implying term - Appeal dismissed.
STATUTORY INTERPRETATION - Estate Agents Act 1980 - Whether respondents
required to comply with requirements of Act - Meaning of 'estate agent' under s4
discussed - Mercer v Dalley [1934] VLR 14 and Garbett v Rosemen Investments Pty
Ltd [2002] VSC 575 discussed and applied - Act directed at 'ongoing business' and
not 'one off' transactions - Trial judge correctly found s 50 did not apply as a bar to
contract law action - Appeal dismissed
P'Auer AG & Anor v Polybuild Technologies International P/L & Anor
Whelan JA, Ferguson JA, and Kaye JA
[2015] VSCA 42
19/03/2015
CRIMINAL LAW - Appeal - Conviction - Refusal of permanent stay - Fair trial Trial of alleged sexual offences - Delay - Alleged offending occurred up to 48 years
ago - Child complainant - Whether trial unacceptably unfair - Whether substantial
miscarriage of justice.
CRIMINAL LAW - Appeal - Leave to cross-examine complainant about prior sexual
activities refused - Whether refusal of leave proper - No error in refusing leave Criminal Procedure Act 2008, s342.
CRIMINAL LAW - Appeal - Conviction - Tendency - Severance - Whether evidence
of complainants cross-admissible - Whether indictment should have been severed Some of the evidence not cross-admissible.
CRIMINAL LAW - Appeal - Conviction - Overloaded indictment - 37 charges Dozens of uncharged acts - Whether substantial miscarriage of justice.
CRIMINAL LAW - Appeal - Sentence - Plea of guilty to two charges of indecent
assault - Appellant 69 years old with no prior convictions - Teenaged complainant Whether sentences of 10 months' imprisonment on each charge manifestly excessive Appeal allowed - Total effective sentence of 8 months' imprisonment substituted
Bauer, Dennis (a pseudonym) v The Queen
Maxwell P, Weinberg JA, and Priest JA
[2015] VSCA 55
01/04/2015
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CRIMINAL LAW - Conviction - Aggravated burglary - Applicant's stepfather lessee
of residential premises - Applicant's half-sister and her partner also resided in house Stepfather gave qualified approval to applicant to visit him at residence except when
'drunk' - Half-sister and partner purported to ban applicant from entering premises Whether applicant could be found, in those circumstances, to have entered as a
trespasser - Half-sister and partner not in exclusive possession of house and lacked
authority to revoke right of entry granted by stepfather - Alternative basis upon which
prosecution could be mounted - Dependent upon inference as to limited nature of
stepfather's permission - Conviction quashed and new trial, confined to alternative
case, ordered
Marks-Vincenti, Tony v The Queen
Maxwell P, Weinberg JA, and Beach JA
[2015] VSCA 54 1st Revision: 2 April 2015 para [42]
01/04/2015
CRIMINAL LAW - Conviction - Conspiracy to import a commercial quantity of a
border controlled precursor - Nature of conspiracy - Inference - Whether evidence
capable of establishing subject-matter of conspiracy was border controlled precursor Whether evidence capable of establishing an intention to use in manufacture Conviction not unsafe and unsatisfactory - Leave to appeal refused.
CRIMINAL LAW - Sentence - Conspiracy to import a commercial quantity of a
border controlled precursor - Sentence of 11 years' imprisonment with non-parole
period of 9 years' imprisonment manifestly excessive - Parity - Whether sentence
disparate from that of co-offender - Sentence not manifestly excessive - Disparity in
non-parole period - Leave to appeal granted - Appeal allowed - Sentence of 11 years' imprisonment with non-parole period of 8 years substituted
Suri, Anil v Director of Public Prosecutions (Cth)
Redlich JA, Priest JA, and Coghlan JA
[2014] VSCA 260
24/10/2014
CRIMINAL LAW - Conviction - Conspiracy to possess 4.4 tonnes or more than 15
million tablets containing MDMA (ecstasy) imported from Europe in 2007 but seized
before the conspirators could take possession of them - Wholesale value of tablets
about $122 million - Applicant's role to facilitate removal of container within which
drugs concealed from docks - Interception by AFP of telephone conversation between
co-conspirator and third party - Conversation not in furtherance of conspiracy and
accordingly not admissible against applicant - Applicant sought to rely upon isolated
passages in intercepted communication as supposedly exculpatory - Issue as to
whether statements made were in fact exculpatory - Ruling by trial judge that
evidence hearsay and inadmissible - Whether trial judge erred - No error established.
CRIMINAL LAW - Conviction - Trial judge permitted Crown to adduce evidence
concerning applicant's daily participation in legal proceedings throughout major part
of the alleged conspiracy period - Whether evidence should have been excluded under
s137 of Evidence Act 2008 - Probative value of evidence not outweighed by any
unfair prejudice to applicant.
CRIMINAL LAW - Conviction - Whether misdirection as to elements of conspiracy No error established
Karam, Rob v The Queen
Weinberg JA, Priest JA, and Beach JA
[2015] VSCA 50
31/03/2015
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CRIMINAL LAW - Drink driving - Breathalyser indicates alcohol present beyond
0.05% - Proof by certificate - Conclusive evidence unless defendant gives notice Effect of notice when given - Certificate remains evidence of its contents - Certificate
as evidence only of its contents - No evidence - No error of law where finder of fact
prefers some evidence rather than other evidence - Road Safety Act 1986 s49(1)(f),
s58(2) and s(2D) - Furze v Nixon (2000) 2 VR 503; Impagnatiello v Campbell (2003)
6 VR 416
O'Connor, John James v Bradshaw, Susan and The County Court of Victoria
Santamaria JA, Kyrou JA, and Ferguson JA
[2015] VSCA 39
17/03/2015
CRIMINAL LAW - Sentence - Appeal - Making a false Commonwealth document
and Falsely representing that person is a Commonwealth official - Total effective
sentence of two years' imprisonment with minimum term of 10 months - Sentence
manifestly excessive - Appeal allowed
Alam, Kh Faisal v The Queen
Priest JA and Beach JA
[2015] VSCA 48
24/03/2015
CRIMINAL LAW - Sentence - Appeal - Mental disorder - Application of R v Verdins
(2007) 16 VR 269 - Sentencing judge rejected evidence of neuropsychologist as to
mental disorder and intellectual disability - Whether judge misapprehended the
evidence - Whether rejection against the evidence - Appeal allowed
Booth, John v The Queen
Ashley JA and Priest JA
[2015] VSCA 51
31/03/2015
CRIMINAL LAW - Sentence - Crown appeal - Trafficking a marketable quantity of a
controlled drug (methamphetamine) - Whether sentence of 42 months' imprisonment
with release on recognisance after serving 14 months manifestly inadequate Sentence manifestly inadequate - Respondent re-sentenced to 6 years' imprisonment
with non-parole period of 4 years
Director of Public Prosecutions (Cth) v Merrill, Evan
Maxwell JA, Weinberg JA, and Beach JA
[2015] VSCA 52
01/04/2015
CRIMINAL LAW - Sentence - Indecent act with a child under 16 - Delay - Sentence
of 20 months' imprisonment with a non-parole period of 12 months - Sentence
manifestly excessive - Appeal allowed - Community correction order substituted
Cole, Dylan Elton (a Pseudonym) v The Queen
Ashley JA and Priest JA
[2015] VSCA 44
20/03/2015
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PRACTICE AND PROCEDURE - Leave to appeal - 'Real prospect of success' test
for leave to appeal in civil matters - Court may only grant leave where appeal has a
'real' as opposed to 'fanciful' chance of success - Residual discretion to refuse leave,
despite the appeal having real prospect of success - Lysaght Building Solutions Pty
Ltd v Blanalko Pty Ltd [2013] VSCA 158 considered, Tanfern Ltd v CameronMacDonald [2000] 2 All ER 801 followed, Supreme Court Act 1986 (Vic) s14A and
s14C
Kennedy, Irene Susan v Shire of Campaspe
Whelan JA and Ferguson JA
[2015] VSCA 47
23/03/2015
REAL PROPERTY - Entitlement to indemnity - Transfer of Land Act 1958, s110 Property jointly owned by husband and wife - Husband signed transfer of land
document pursuant to power of attorney - Whether power of attorney forged Whether wife held interest in the land and so sustained loss or damage - Issues
remitted for new trial.
APPEALS - New trial - Erroneous findings of fact - Whether Court to decide matter
for itself or remit for new trial - Credit issues central to case - Trial judge had
advantage of seeing witnesses in witness box and seeing trial develop - New trial
ordered
Jarrold, Clare Margaret v The Register of Titles and Jarrold, Telvin
Osborn JA, Whelan JA, and Ginnane AJA
[2015] VSCA 45
24/03/2015
SECURITY FOR COSTS - Application for further security - Delay.
COSTS - Unjustified failure to suggest alternative amount until hearing
Carbon Black Lab P/L (ACN 140 192 730) v Launer, Darryl
Whelan JA and Ferguson JA
[2015] VSCA 46
23/03/2015
COMMERCIAL COURT
BANKING - Guarantees - Code of banking practice - Whether complied with Enforceability of guarantees - Breach of warranty - Set off - Duty of bank to guarantor
- Co-directors of borrower - Co-guarantors - Knowledge of bank that co-guarantor
may have insufficient assets and income to service loans - Unconscionability Banking Code, cl25.1, cl28.4(a), cl28.5(b), cl28.16.
PRACTICE AND PROCEDURE - Pleadings - Issues confined by manner in which
defences pleaded
National Australia Bank Ltd v Rice, Timothy Craig and Rose, John Albert
Elliott J
[2015] VSC 10
26/03/2015
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BUILDING - Effect of determination of the Building Appeals Board - Demolition
work proposed - Risk to adjoining owner and the public - Whether risk to public
relevant in determining appropriate protection works - Appeal to Building Appeals
Board from determination of relevant building surveyor - Building Act 1993 s84; s85;
s87; s141(a); s149; s166; and Schedule 3 - Building Regulations 2006 regs 101; reg
602; reg 604 and reg 607 - Construction of determination of Building Appeals Board Uncertainty - Ancillary or incidental orders possible under s149(4) Building Act 1993
- Correction of errors possible under clause 18 of Schedule 3 Building Act 1993
CES-Queen (Vic) P/L v Thomas, Bryan and Kip, Stephen (Sitting as Building
Appeals Board) and Colonial Range P/L
Vickery J
[2015] VSC 120
01/04/2015
PRACTICE AND PROCEDURE - Application to set aside final orders by consent Whether inherent jurisdiction - Supreme Court (General Civil Procedure) Rules 2005,
r66.14 - Permanent Trustee Co (Canberra) Ltd (Executor estate of Andrews) v Stocks
& Holdings (Canberra) Pty Ltd (1976) 15 ACTR 45 - Lollis v Loulatzis (No 3) [2008]
VSC 231.
ARBITRATION - Whether final orders for recognition and enforcement of foreign
arbitral award may be set aside by consent - Grant of stay until further order International Arbitration Act 1974 (Cth) - New York Convention on the Recognition
and Enforcement of Foreign Arbitral Awards, Article III
Van Der Garde, Giedo BV and Van Der Garde, Giedo Gijsbertus Gerrit v Sauber
Motorsport AG
Croft J
[2015] VSC 109
27/03/2015
PROBATE - Application to remove executors - Unfitness to act - Delay, lack of
information, waste and conflict of interest - Executors removed - Administration and
Probate Act 1958, s34(1)(c) - Monty Financial Services Ltd v Delmo [1995] 1 VR 65;
Miller v Cameron (1936) 54 CLR 572; Dimos v Skaftouros (2004) 9 VR 584 applied.
PROBATE - Whether executors improperly incurred costs - Whether executors
should be deprived of usual indemnity from estate for their legal costs - No indemnity
for improperly incurred costs or plaintiff's costs - Nolan v Collie (2003) 7 VR 287
applied
Czapp, Victor v Cassar, Erica and Caldwell, Mark, in their capacity as Executors
and Trustees of the Estate of Gregory Czapp deceased
Hargrave J
[2015] VSC 111
27/03/2015
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COMMERCIAL & EQUITY DIVISION
ADMINISTRATIVE LAW - Judicial review of determination of an appeal by the
Building Appeals Board under the Building Act 1993 (Vic) - Whether the Board
empowered to determine a collateral challenge to the appointment of the original
decision maker - Director of Housing v Sudi (2011) 33 VR 559 considered Principles in Sudi applied, however legislative scheme distinguished - Board
empowered under the Act to determine collateral issue - Legal effect of original
decision maker when appointment as a private building surveyor under the Act invalid
- Whether Board empowered to substitute its own decision.
BUILDING - Scheme of the appeal provisions relating to the Building Appeals Board
under the Building Act 1993 (Vic) considered - Judicial review of determination of an
appeal by the Building Appeals Board under the Building Act 1993 (Vic) - Whether
the Board empowered to determine a collateral challenge to the appointment of the
original decision maker - Director of Housing v Sudi (2011) 33 VR 559 considered Principles in Sudi applied - Legislative scheme distinguished - Board empowered
under the Act to determine collateral issue - Legal effect of original decision maker
when appointment as a private building surveyor under the Act invalid - Whether
Board empowered to substitute its own decision
CES Queen P/L v Thomas, Bryan and Kip, Stephen (sitting as the Building Appeals
Board) and Colonial Range P/L
Vickery J
[2014] VSC 602 1st revision: 25 March 2015
03/12/2014
COMMON LAW DIVISION
ADMINISTRATIVE LAW - Application for leave to appeal from the Victorian Civil
and Administrative Tribunal - Questions of law - Review of the Transport Accident
Commission's decision to cease compensation payments - Was the Tribunal's decision
open on the evidence before it - Procedural fairness - Christian Youth Camps Ltd v
Cobaw Community Health Services Ltd [2014] VSCA 75 - Transport Accident Act
1986 s35 and s74 - Victorian Civil and Administrative Tribunal Act 1997 s148 Appeal dismissed
Aquilina, Victor v Transport Accident Commission
Zammit J
[2015] VSC 117
01/04/2015
ADMINISTRATIVE LAW - Habeas corpus - Plaintiff sentenced to death by Supreme
Court of Western Australia - Commuted to life imprisonment - Transferred to Victoria
under Prisoners (Interstate Transfer) Act 1985 - Released on parole by exercise of
Victorian Governor of royal prerogative of mercy under s107(1) of Sentencing Act
1991 - Whether plaintiff subject to life sentence on transfer to Victoria - Whether
parole order affected life sentence - Whether plaintiff still subject to life sentence Whether conditions of parole order effective - Whether Parole Board has power to
impose further conditions on plaintiff - Prisoners (Interstate Transfer) Act 1983 s4,
s27, s28 - Corrections Act 1986 s74 - Sentencing Act 1991 s107
Censori, Eris v Gillard, William Chairman Adult Parole Board and His Excellency
The Honourable Chernov, Alex AC QC and Attorney-General for the State of
Victoria (Intervening)
Kaye JA
[2015] VSC 106
30/03/2015
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ADMINISTRATIVE LAW - Judicial review - Appeal from Magistrates' Court to
County Court - Validity of charge - Amendment of charge-sheet - 'All proceedings
connected with the hearing' - s8(2), s8(4) and s256 Criminal Procedure Act 2009 s49(1)(c) and s53(1) Road Safety Act 1986
Walters, Paul Francis v Magistrates' Court of Victoria and County Court of
Victoria and Bourchier, Michael; Walters, Paul Francis v County Court of Victoria
and Bourchier, Michael
Zammit J
[2015] VSC 88
24/03/2015
CLUBS AND ASSOCIATIONS - Political party - DLP - Intervention of Federal
Executive in the affairs of the Victorian State Branch - Validity of Federal
Conferences - Whether Victorian State Conference called by Federal Executive was a
valid DLP conference - Dispute as to office bearers comprising the Federal Executive
of DLP.
DECLARATIONS - Principles - Failure to join a proper contradictor - Lack of utility
or practical purpose of the declarations sought.
PRACTICE AND PROCEDURE - Summary Judgment and adjournment applications
- r23.03 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) - s62 of the
Civil Procedure Act 2010 (Vic) - Principles - Inadequate pleadings and evidence Weight to be given to previous findings by a tribunal of fact adverse to the claim Lack of proper contradictor and no practical purpose for declarations sought - No real
prospect of success - Adjournment application refused and summary judgment
application granted
Mulholland, John v Funnell, Paul (No 2)
Macaulay J
[2015] VSC 108
25/03/2015
CONTEMPT OF COURT - Substituted service - Respondent did not appear at
hearing - Case heard in respondent's absence - Facebook post and internet radio by
respondent exhorting others to contact County Court judge and officials concerning
current criminal proceedings in the court - Emails by respondent to judge and court Specific intention of respondent to intimidate court and dissuade court from
conducting proceeding
The Queen (On the Application of the Attorney-General of the State of Victoria) v
Bonacci, Santo
Kaye JA
[2015] VSC 121
01/04/2015
CORONERS COURT - Appeal by Senior Next of Kin against Coroner's
Determination to release body to domestic partner - Appeal dismissed - Coroners Act
2008 s85 and s87 - Coroner's Act 2008 s3 definitions of domestic partner and senior
next of kin
Lawrence, Stephen v Coroners Court of Victoria
Digby J
[2013] VSC 77
19/04/2013
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COURT OF DISPUTED RETURNS - Election petition - Abuse of process - Petition
and statement of issues irrelevant or scandalous - Allegations in petition and statement
of issues not proven - Petition not compliant with s135(1)(a) of the Electoral Act 2002
(Vic) - Petition dismissed
Donohue, Gerard Joseph v Victorian Electoral Commission
Garde J
[2015] VSC 98
24/03/2015
COURT OF DISPUTED RETURNS - Extent of jurisdiction to declare an election
void - Early voting - Application to vote early - Declaration that 'unable to vote' on
election day - Compliance with s98(b) and s99(1) of the Electoral Act 2002 (Vic) ('the
Act') - Meaning of the word 'unable' - Whether early votes were invalid - Whether
failures affected the result of the State general election on 29 November 2014 Whether petition complies with s135(1)(a) of the Act - Petition dismissed
Rigoni, Maria v Victorian Electoral Commission
Garde J
[2015] VSC 97
24/03/2015
JUDICIAL REVIEW - Criminal law - Indictable offence triable summarily Defendant does not consent to summary hearing - Defendant committed for trial in
County Court at conclusion of committal hearing - Entitlement to a summary hearing
after a committal hearing - Whether relief under Order 56 in the nature of Certiorari or
Mandamus available - s28, s29, s30, s54, s97, s128, s141, s168, Ch 3, Ch 4 and Ch 5
Criminal Procedure Act 2009 - s54, s56 Magistrates Court Act 1989.
Gild, Michael Hubert v The Magistrates' Court of Victoria & Ors
Dixon J
[2015] VSC 84
20/03/2015
JUDICIAL REVIEW - Section 148(1) Victorian Civil and Administrative Tribunal
Act 1998 (Vic) (VCAT Act) - Questions of law - Factual findings and inferences not
open to Tribunal - Factual findings unreasonable - Wednesbury unreasonableness Tribunal's obligations to act fairly (s97 VCAT Act), to afford natural justice (s98(1)
VCAT Act), to provide a reasonable opportunity to call or give evidence (s102(1)(a)
and (b) VCAT Act) - Incorrect application of the Building Code of Australia 2006
(BCA) - Scheme of the BCA - Options to satisfy BCA Performance Requirements Provisions of AS 2870 - Tribunal's errors in determining damages - Notice of
contention - Tribunal's errors in construing the Building Contract
Between Metricon Homes P/L (ACN 005 108 752) and Hooper, Graham
Digby J
[2015] VSC 110 First revision 1 April 2015
26/03/2015
PRACTICE AND PROCEDURE - Application by proposed plaintiff to be identified
by a pseudonym in a proposed proceeding - Pseudonym order - Whether Open Courts
Act 2013 (Vic) applied - Circumstances justifying making a pseudonym order discretionary considerations - privacy for health matters and medical records alone
insufficient - Open Courts Act 2013, s7(d)
Hunter, Hal v Australian Football League & Anor
Dixon J
[2015] VSC 112
25/03/2015
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PRACTICE AND PROCEDURE - Vexatious litigant - Applications for leave to
commence proceedings - Applicant a prisoner under sentence - Proposed challenges
to aspects of sentence management - Whether proposed proceedings would not be an
abuse of process - Whether proposed proceedings would not be foredoomed to fail Applications dismissed - Supreme Court Act 1986 s21 - Vexatious Proceedings Act
2014 s29, s32, s54, s55, s90, s91, s92, s93, s100, s101 - Interpretation of Legislation
Act 1984 s14 - Corrections Act 1986 s6A, s20, s21, s47, s56AC, s73A, s74, s74AA,
s74AAB, s112 - Corrections Regulations 2009, reg 22, reg 23, reg 24, reg 25, reg 26
Knight, Julian v Money, Brendan
Cavanough J
[2015] VSC 105 Revision No 1: 27 March 2015
24/03/2015
TESTATOR'S FAMILY MAINTENANCE - Claim by adult son - Sole beneficiary
other son of testatrix - Significant need by plaintiff - Plaintiff homeless and
impoverished - No contribution by plaintiff to estate or to testatrix's welfare Substantial contribution by defendant to estate and to testatrix's welfare - Small estate
In the matter of Part IV of the Administration and Probate Act 1958: In the matter
of the Will and Estate of Rosa Ranieri deceased: Gabriele, Pasqualie v Gabriele,
Valerio (As Executor of the Estate of the Late Ranieri, Rosa, Deceased)
Kaye JA
[2015] VSC 115
01/04/2015
CRIMINAL DIVISION
CRIMINAL LAW - Evidence - Application by media for copy of record of interview
- Application refused - General principles relevant to such an application discussed Crimes Act 1958 s464JB
The Director of Public Prosecutions v Williams, Angela Maree (Ruling No. 1)
Hollingworth J
[2015] VSC 107
27/03/2015
CRIMINAL LAW - Sentence - Manslaughter - One punch - Youth - Intellectual
impairment - Sentence of 8 years' imprisonment with non-parole period of 4 years
The Queen v Sharp, Tai
Priest JA
[2015] VSC 116
30/03/2015
EVIDENCE - Criminal Trial - Murder - Applications to exclude admissions made
during course of VROIs and covertly recorded conversation with police - impropriety
- whether desirability of admitting the evidence outweighs undesirability of admitting
evidence improperly obtained - whether mere impropriety or illegality can provide
basis for exclusion under unfairness discretion - Crimes Act 1958, s464, s464A,
s464C - Evidence Act 2008, s90, s137, s138, s139 - Em v The Queen (2007) 232 CLR
67
The Queen v Kerr, Danielle and Lewis, Darren (Ruling No 1)
T Forrest J
[2015] VSC 64
27/02/2015
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EVIDENCE - Murder - First accused objects to the admissibility of evidence of the
relationship between the first accused and the deceased - Whether evidence of
relationship relevant - Relationship evidence - Hearsay - Whether probative value
outweighs danger of unfair prejudiced to the accused - Risk of impermissible
tendency reasoning - Relationship evidence admitted.
The Director of Public Prosecutions v Kerr, Danielle and Lewis, Darren (Ruling No
2)
T Forrest J
[2015] VSC 65
27/02/2015
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