Victorian Reports - Authoritative Law Reports Since 1870

CHARLTON v THE KING

|Priest, Walker and Boyce JJA

76 VR 567

CHARLTON v THE KING Court of AppealPriest, Walker and Boyce JJA 14, 25 March 2025[2025] VSCA 46Criminal law — Appeal — Conviction — Jury directions — Standard of proof — Whether prosecutor reversed onus of proof — Whether direction that ‘unrealistic possibility’ was not reasonable doubt diminished the criminal standard of proof — Jury Directions Act 2015 (Vic), ss 63, 64.

Section 63 of the Jury Directions Act 2015 (Vic) required a judge in a criminal trial to give the jury, prior to evidence being adduced, an explanation of the phrase ‘proof beyond reasonable doubt’ unless there were good reasons for not doing so.

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