Chunk-level Retrieval Eval
Collection
Contextualized chunk-level (query2chunk) retrieval eval for the Citras benchmark. • 23 items • Updated
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0_0 | # 1.1 Introductory Remarks
1. A number of studies into the jury system have suggested that it is highly beneficial for the judge to provide the jury with information at the beginning of a trial, to assist them in performing their role.[^1]
2. It is suggested that "the process of being empanelled as a member of the ... | 1.1-c1-s1 | 1.1 Introductory Remarks | 0 | 0 | 507 |
0_1 | The following types of information have been seen to be of assistance to jurors:
- Information about the importance of jury duty;
- Information about the roles of the judge, jury and counsel;
- Information about the nature of the trial process and about the characteristics of the adversary system;
- Instructions... | 1.1-c1-s1 | 1.1 Introductory Remarks | 1 | 507 | 1,175 |
0_2 | ;
- Procedural suggestions about matters such as electing a foreperson, arranging a discussion format and deliberation procedures;
- Information about the secrecy and anonymity of jury deliberations;
- Information about the court and about any local facilities available to jurors. | 1.1-c1-s1 | 1.1 Introductory Remarks | 2 | 1,175 | 1,459 |
1_0 | 4. While the Juries Commissioner provides some of this information to jurors prior to the trial, it has been suggested that it is also advantageous for the judge to address these matters when jurors are beginning to focus more clearly on their jury service.[^3]
5. Studies have shown that jurors who are given such info... | 1.1-c1-s2 | 1.1 Introductory Remarks | 0 | 0 | 503 |
1_1 | This is supported by research in cognitive psychology, which has shown that the more information a person has, the better able that person is to frame the information that he or she is about to receive. This enhances recall and aids in the interpretation of ambiguous material. It also leads to greater levels of juror ... | 1.1-c1-s2 | 1.1 Introductory Remarks | 1 | 503 | 996 |
1_2 | ^6] It is suggested that this is because jurors will usually have already assessed the evidence by the time the judge delivers his or her final charge, and will not be able to retrospectively evaluate and judge the evidence in accordance with instructions which are first given at that late stage.[^7]
8. It is therefor... | 1.1-c1-s2 | 1.1 Introductory Remarks | 2 | 996 | 1,516 |
1_3 | Judges may also wish to give a charge welcoming potential jurors prior to empanelment. Part 1 of this Book contains a number of suggested directions for use at the beginning of a trial.
9. It is also desirable to give the jury a short break immediately after they have been empanelled and charged, to allow them to ori... | 1.1-c1-s2 | 1.1 Introductory Remarks | 3 | 1,516 | 2,132 |
1_4 | In the judge’s final charge, he or she should deliver revised instructions, advising the jury of any changes that have occurred since giving the preliminary instructions.[^8]
Last updated: 15 June 2007 | 1.1-c1-s2 | 1.1 Introductory Remarks | 4 | 2,132 | 2,337 |
2_0 | # 1.2 Jury Empanelment
Warning: **Part 6 of the *****Juries Act 2000***** (Vic) establishes a set of steps that must be followed when ****empanelling**** a jury. Failure to follow the applicable steps will lead to the jury being unlawfully ****constituted, and**** will result in the trial being viewed as a nullity (**... | 1.2-c1-s1 | 1.2 Jury Empanelment | 0 | 0 | 433 |
2_1 | In all cases the jury panel should be informed about the following matters prior to empanelment:
1. The type of charge;
2. The name of the accused;
3. The names of the principal witnesses expected to be called;
4. The estimated length of the trial; and
5. Any other information the court thinks relevant (Juries Ac... | 1.2-c1-s1 | 1.2 Jury Empanelment | 1 | 433 | 773 |
2_2 | It is generally desirable to read out the names of all witnesses, as well as any other people whose names may be mentioned during the trial, a knowledge of whom might cause a juror to be embarrassed. If there are many names to be read, it may be appropriate to provide a list to the jury (see, e.g. *R v Lewis *(2000) 1... | 1.2-c1-s1 | 1.2 Jury Empanelment | 2 | 773 | 1,290 |
2_3 | to accommodate Christmas).[^1]
4. If the judge intends to provide the jury with "other information" (as allowed by the *Juries Act 2000 *s 32(1)(e)), it is advisable to discuss the matter with counsel beforehand (see, e.g. *R v Knight *[2004] VSCA 48).
5. | 1.2-c1-s1 | 1.2 Jury Empanelment | 3 | 1,290 | 1,548 |
2_4 | In a trial for murdering a security guard at an abortion clinic, it was held to be appropriate for the judge to ask the jury panel members whether they held strong views about abortion, such that it might affect their capacity to be impartial (*R v Knight *[2004] VSCA 48). | 1.2-c1-s1 | 1.2 Jury Empanelment | 4 | 1,548 | 1,822 |
3_0 | ## Excusing Jurors | 1.2-c2-s1 | 1.2 Excusing Jurors | 0 | 0 | 18 |
4_0 | 1. After providing the jury panel with this information, the court must ask whether any people on the panel seek to be excused from jury service on the trial (*Juries Act 2000 *s 32(2)). The court may excuse a potential juror if it is satisfied that the person:
1. Will not be able to consider the case impartially; or
... | 1.2-c2-s2 | 1.2 Excusing Jurors | 0 | 0 | 397 |
4_1 | Before the panel is assembled, the Juries Commissioner will have provided prospective jurors with information about the expected length of the trial and sitting hours, and invited applications to defer jury service on the basis of matter such as child care responsibilities, travel commitments, employment issues and he... | 1.2-c2-s2 | 1.2 Excusing Jurors | 1 | 397 | 1,065 |
4_2 | a victim of a sexual offence) from serving on a jury in a trial which concerns matters to which that experience is relevant (e.g. a sexual offence trial). It should not be assumed that such a person is any more likely to be prejudiced than other jurors (*R v Goodall* (2007) 15 VR 673, [3], [29]–[31]).
4. If it is ant... | 1.2-c2-s2 | 1.2 Excusing Jurors | 2 | 1,065 | 1,537 |
4_3 | This will allow jurors who have difficulty reading to seek to be excused from jury service.
5. If it becomes apparent to a judge when taking a juror’s oath or affirmation that there are particular difficulties that may restrict his or her capacity to serve as a juror (such as difficulties with English or certain phys... | 1.2-c2-s2 | 1.2 Excusing Jurors | 3 | 1,537 | 2,079 |
4_4 | It is at the judge’s discretion whether or not to allow the defence to see any written application provided by a juror (*R v Lewis *(2000) 1 VR 290). | 1.2-c2-s2 | 1.2 Excusing Jurors | 4 | 2,079 | 2,229 |
5_0 | 7. There is no absolute right of an accused person to be told the ground on which a prospective member of the jury applies to be excused from serving or, if the application is refused, the ground of the refusal (*R v Lewis *(2000) 1 VR 290).
8. There is also no requirement for a judge to hear and determine application... | 1.2-c2-s3 | 1.2 Excusing Jurors | 0 | 0 | 344 |
5_1 | However, it is generally desirable to exercise the judge’s power to excuse jurors in open court, to demonstrate publicly the seriousness with which the court regards a citizen’s obligation to serve as a juror, and the trouble that the court takes in deciding whether a person summoned ought to be excused (*R v Lewis *(... | 1.2-c2-s3 | 1.2 Excusing Jurors | 1 | 344 | 680 |
6_0 | Last updated: 11 July 2018 | 1.2-c2-s4 | 1.2 Excusing Jurors | 0 | 0 | 26 |
7_0 | # 1.2.1 Charge: Jury Empanelment
Members of the jury panel, in a moment I am going to give you a final opportunity to apply to be excused from sitting on the jury for this trial. Please listen carefully to what I am about to say, so that you will know whether you should apply.
## Possible prejudicial knowledge
It ... | 1.2.1-c1-s1 | 1.2.1 Charge: Jury Empanelment | 0 | 0 | 462 |
7_1 | Sometimes a juror knows one of the people involved in the trial, or knows something about them, and so may not be able to be unbiased. Even if that juror feels capable of treating the people involved in the case fairly, to the outside world it may seem likely that they will favour one side or the other. This would und... | 1.2.1-c1-s1 | 1.2.1 Charge: Jury Empanelment | 1 | 462 | 1,015 |
7_2 | You should listen to this information carefully, to see if you recognise any of the names, or have any other information or knowledge about the case. If you do, you should apply to be excused when my associate asks you in a moment.
The accused person’s name is [*insert name*].
[He/she] has been charged with [*list a... | 1.2.1-c1-s1 | 1.2.1 Charge: Jury Empanelment | 2 | 1,015 | 1,542 |
7_3 | You may also hear the following people mentioned [*insert names of people who may be mentioned during the trial, a knowledge of whom might cause a juror to be embarrassed*.]
[*Insert any other relevant information that may affect juror impartiality*. *This information should be discussed with counsel prior to raising... | 1.2.1-c1-s1 | 1.2.1 Charge: Jury Empanelment | 3 | 1,542 | 2,047 |
8_0 | ## Duration of the trial
This trial is expected to last until [*insert anticipated end date*]. During the trial, you will need to attend court [*specify sitting days and hours. Advise of any anticipated breaks in the trial*]. The Juries Commissioner has already given you several opportunities to apply to defer jury se... | 1.2.1-c2-s1 | 1.2.1 Duration of the trial | 0 | 0 | 552 |
8_1 | If you think you have a valid reason for being excused because of the trial length or your personal circumstances, then you should apply to be excused when my associate asks you. | 1.2.1-c2-s1 | 1.2.1 Duration of the trial | 1 | 552 | 731 |
9_0 | ## Other Reasons
Finally, there may also be some personal reason why you feel you cannot be a juror in this case. The law recognises that a person can be excused from being on a jury if they will be unable to consider the case impartially or if they are unable to serve for any other reason. Consider whether you will b... | 1.2.1-c3-s1 | 1.2.1 Other Reasons | 0 | 0 | 554 |
9_1 | However, other people in similar situations serve as jurors in sexual offence cases every day, and can put aside any personal experiences, or any bias or sympathy that may arise from the fact that the case involves an allegation of a sexual offence.
I urge you to think carefully before you apply to be excused because... | 1.2.1-c3-s1 | 1.2.1 Other Reasons | 1 | 554 | 1,113 |
10_0 | ## Applying to be excused
In a moment my associate will call each of your [numbers/names], and ask you to answer "present". If you want to apply to be excused, you should answer "excuse". Once everybody’s [name/number] has been called, I will hear the applications to be excused. If your reason for wanting to be excuse... | 1.2.1-c4-s1 | 1.2.1 Applying to be excused | 0 | 0 | 440 |
11_0 | # 1.3 Selecting a Foreperson
1. It is necessary to choose a foreperson to communicate with the judge and to announce the verdict. Other than serving these roles, the foreperson has no higher status or different function than the other jurors (*Ng v R* (2003) 217 CLR 521 (Kirby J)).
2. Depending on the nature of the... | 1.3-c1-s1 | 1.3 Selecting a Foreperson | 0 | 0 | 455 |
11_1 | Allowing the jurors to appoint the foreperson within a reasonable time after empanelment – rather than always requiring this to be done at the outset of the trial – will facilitate the appointment of the most appropriate person.
3. The jury may change the foreperson during the course of the trial. The process of sele... | 1.3-c1-s1 | 1.3 Selecting a Foreperson | 1 | 455 | 815 |
11_2 | The reasons should remain unknown to the judge, the parties and the community (*Ng v R* (2003) 217 CLR 521 (Kirby J); *R v Lonsdale *[1915] VLR 269).
4. | 1.3-c1-s1 | 1.3 Selecting a Foreperson | 2 | 815 | 969 |
11_3 | If more than 12 jurors have been empanelled and remain at the time at which the jury is required consider its verdict, and the foreperson is selected in the ballot to reduce the number of jurors to 12, that selection is to be disregarded and the foreperson is to remain on the jury (*Juries Act 2000 *s 48(2)).
Last ... | 1.3-c1-s1 | 1.3 Selecting a Foreperson | 3 | 969 | 1,314 |
12_0 | # 1.3.1 Charge: Selecting a Foreperson
My associate is about to ask you to select a foreperson.
The foreperson will speak on your behalf. He or she will be the person who asks me any questions you may have, and who tells me anything else that you want to say. At the end of the trial, it is the foreperson who will del... | 1.3.1-c1-s1 | 1.3.1 Charge: Selecting a Foreperson | 0 | 0 | 523 |
12_1 | Just because a person is appointed as a spokesperson does not mean that his or her opinions about the case count more than those of anyone else, or should be given any greater respect.
Given the role played by the foreperson, the person you select should be someone who is not going to be shy about asking questions or... | 1.3.1-c1-s1 | 1.3.1 Charge: Selecting a Foreperson | 1 | 523 | 1,170 |
12_2 | You also have the right to say if your position has been misstated in anything said here in the courtroom, by the foreperson or any other person.
Last updated: 14 November 2006 | 1.3.1-c1-s1 | 1.3.1 Charge: Selecting a Foreperson | 2 | 1,170 | 1,348 |
13_0 | # 1.4 The Role of Judge and Jury
## Role of the Jury
1. The role of the jury is to determine the facts, apply relevant principles of law to those facts, and return a verdict (*R v Dao* (2005) 156 A Crim R 459; *R v Nguyen *[2006] VSCA 158; *Azzopardi v R* (2001) 205 CLR 50).
2. | 1.4-c1-s1 | 1.4 The Role of Judge and Jury | 0 | 0 | 285 |
13_1 | This requires the jury to:
- Determine whether, and to what extent, the evidence is to be believed;
- Decide whether to draw inferences from the evidence; and
- Apply the law, as they are directed upon it, to the facts as they find them to be (*Director of Public Prosecutions v Stonehouse* [1978] AC 55. | 1.4-c1-s1 | 1.4 The Role of Judge and Jury | 1 | 285 | 595 |
13_2 | See also *Metropolitan Railway Co v Jackson *(1877) 3 App Cas 193; *Cofield v Waterloo Case Co Ltd *(1924) 34 CLR 363; *Bratty v AG for Northern Ireland* [1963] AC 386).
3. It is for the jury alone to decide the facts of a case. | 1.4-c1-s1 | 1.4 The Role of Judge and Jury | 2 | 595 | 827 |
13_3 | This must not be obscured by the performance of the judge’s duties (*RPS v R *(2000) 199 CLR 620; *R v Melbourne *(1999) 198 CLR 1).
4. Similarly, it is the jury alone that determines the verdict. The judge must be careful to make this clear (*R v Johnson *(1986) 43 SASR 63).
5. | 1.4-c1-s1 | 1.4 The Role of Judge and Jury | 3 | 827 | 1,109 |
13_4 | Although the jury are the sole judges of the facts, they must accept and apply the judge’s directions about the law (*Joshua v R* [1955] AC 121; *R v Beeby* (1911) 6 Cr App R 138; *R v Frampton* (1917) 12 Cr App R 202).
6. Jurors should not be drawn into the process of questioning witnesses (*Tootle v R* (2017) 94 NS... | 1.4-c1-s1 | 1.4 The Role of Judge and Jury | 4 | 1,109 | 1,444 |
13_5 | See also 1.10 Trial Procedure regarding jurors questioning witnesses. | 1.4-c1-s1 | 1.4 The Role of Judge and Jury | 5 | 1,444 | 1,514 |
14_0 | ## Role of the Judge
1. The judge must instruct the jury about so much of the law as they need to know in deciding the real issue or issues in the case (*Azzopardi v R* (2001) 205 CLR 50; *RPS v R *(2000) 199 CLR 620).
2. This requires the judge to:
1. Instruct the jury about the elements of the offences and the o... | 1.4-c2-s1 | 1.4 Role of the Judge | 0 | 0 | 350 |
14_1 | Identify the issues in the case and to relate the law to those issues;
3. Put the defence case fairly; and
4. In some cases warn the jury about impermissible reasoning, or about particular care that must be shown before accepting certain kinds of evidence (*RPS v R *(2000) 199 CLR 620; *Azzopardi v R* (2001) 205 CLR... | 1.4-c2-s1 | 1.4 Role of the Judge | 1 | 350 | 679 |
14_2 | The judge also has an obligation to summarise the respective cases of both the prosecution and the defence, and should remind the jury of the arguments of counsel (*RPS v R* (2000) 199 CLR 620; *R v Mogg* (2000) 112 A Crim R 417; *R v Conway* [2005] QCA 194).
4. | 1.4-c2-s1 | 1.4 Role of the Judge | 2 | 679 | 943 |
14_3 | The judge may remind the jury of the facts, and assist them to understand those facts (*Stingel v The Queen *(1990) 171 CLR 312; *Brownlee v R *(2001) 207 CLR 278).
5. However, the jury always remain the sole judges of the facts. A judge must therefore not direct the jury about how they may (as opposed to may not) re... | 1.4-c2-s1 | 1.4 Role of the Judge | 3 | 943 | 1,338 |
14_4 | The role of the judge also includes: | 1.4-c2-s1 | 1.4 Role of the Judge | 4 | 1,338 | 1,375 |
15_0 | - Determining the admissibility of evidence;
- Determining whether there is evidence which, if it is believed, could establish the facts in issue (*Stingel v The Queen *(1990) 171 CLR 312);
- Determining whether inferences can legitimately be drawn from the evidence (*Metropolitan Railway Co v Jackson *(1877) 3 App C... | 1.4-c2-s2 | 1.4 Role of the Judge | 0 | 0 | 444 |
15_1 | that does not infringe on the accused’s right to a fair trial (*R v Boykovski and Atanasovski *(1991) A Crim R 436). | 1.4-c2-s2 | 1.4 Role of the Judge | 1 | 444 | 561 |
16_0 | 7. The judge has power to exclude the jury from the courtroom while hearing arguments on the admissibility of evidence or determining other applications. This power may be exercised whether or not the accused consents (*R v Hendry *(1989) 88 Cr App R 187; *Demirok v R* (1977) 137 CLR 20; *Peacock v R *(1911) 13 CLR 619... | 1.4-c2-s3 | 1.4 Role of the Judge | 0 | 0 | 326 |
16_1 | The judge should not explain to the jury the specific reason for asking them to leave the room, nor the outcome of the matter heard in the jury’s absence, as it is not relevant to any decisions the jury needs to make, and may wrongly influence them (*R v Williams *[1982] WAR 277; *R v Smith *(1986) 85 Cr App R 197; *C... | 1.4-c2-s3 | 1.4 Role of the Judge | 1 | 326 | 679 |
16_2 | See also *Basto v R* (1954) 91 CLR 628; *R v Mitchell* [1998] AC 695; *Thompson v R* [1998] AC 811).
9. | 1.4-c2-s3 | 1.4 Role of the Judge | 2 | 679 | 784 |
16_3 | However, because there is a danger that the jury will think that material prejudicial to the accused is going to be disclosed in their absence, the jury should be told that they are being asked to leave the room because there is a matter of law that needs to be resolved in their absence (*R v Williams *[1982] WAR 277;... | 1.4-c2-s3 | 1.4 Role of the Judge | 3 | 784 | 1,185 |
16_4 | The judge must perform all of their tasks in a fair and even-handed manner (*R v Dao* (2005) 156 A Crim R 459; *R v Nguyen *[2006] VSCA 158).
11. See 3.2 Overview of Final Directions and 3.9 Judge’s Summing Up on Issues and Evidence for further information on the role of the judge. | 1.4-c2-s3 | 1.4 Role of the Judge | 4 | 1,185 | 1,469 |
17_0 | ## Need for a Direction
1. The judge must always direct the jury about the roles of the judge and jury (*RPS v R *(2000) 199 CLR 620; *R v Sinclair *(1989) 44 A Crim R 449).
2. This direction should usually be given at the commencement of the trial, as well as after the completion of all the evidence and the presen... | 1.4-c3-s1 | 1.4 Need for a Direction | 0 | 0 | 400 |
17_1 |
3. This is because it is good practice to provide some assistance to a jury at the outset of the trial. However, comments which are made at a preliminary stage may not have their significance fully appreciated by the jury, which is unfamiliar with the issues which may arise in the trial (*R v Sinclair *(1989) 44 A Cr... | 1.4-c3-s1 | 1.4 Need for a Direction | 1 | 400 | 762 |
18_0 | # 1.4.1 Charge: The Role of Judge and Jury
## Introduction
Serving on a jury may be a completely new experience for some, if not all, of you. To help you perform that role properly, I will now describe your duties as jurors and the procedures that we will follow during the trial. I will also explain to you some of ... | 1.4.1-c1-s1 | 1.4.1 Charge: The Role of Judge and Jury | 0 | 0 | 561 |
18_1 |
If at any time you have a question about anything I say, please feel free to ask me. You should do this by writing it down, and passing it to my tipstaff, [*insert name*], who will hand it to me. | 1.4.1-c1-s1 | 1.4.1 Charge: The Role of Judge and Jury | 1 | 561 | 758 |
19_0 | ## Roles of Judge, Jury and Counsel
Members of the jury, you represent one of the most important institutions in our community – the institution of trial by jury. Our legal system guarantees any individual charged with a criminal offence the right to have the case presented against him or her determined by twelve inde... | 1.4.1-c2-s1 | 1.4.1 Roles of Judge, Jury and Counsel | 0 | 0 | 508 |
19_1 | ^1] S/he has pleaded "not guilty", and so it is for you, and you alone, to decide whether s/he is guilty or not guilty of [this/these] crime[s].
I note that, when referring to the crime[s] that the accused has been charged with, I will sometimes use the words "offence" or "charge" – they all mean the same thing.
In a... | 1.4.1-c2-s1 | 1.4.1 Roles of Judge, Jury and Counsel | 1 | 508 | 900 |
19_2 | We are going to be assisted in this case by counsel for the prosecution, [*insert prosecutor’s name*], and defence counsel, [*insert defence counsel’s name*].[^2] Each of us has a different role to play.
## Role of the Jury
It is your role, as the jury, to decide what the facts are in this case. You are the only o... | 1.4.1-c2-s1 | 1.4.1 Roles of Judge, Jury and Counsel | 2 | 900 | 1,350 |
19_3 |
It is also your task to apply the law to the facts that you have found, and by doing that decide whether the accused is guilty or not guilty of the offence[s] charged. | 1.4.1-c2-s1 | 1.4.1 Roles of Judge, Jury and Counsel | 3 | 1,350 | 1,519 |
20_0 | ## Role of the Judge
It is my role, as the judge, to ensure that this trial is fair and conducted in accordance with the law. I will also explain to you the principles of law that you must apply to make your decision. You must accept and follow all of those directions.
I want to emphasise that it is not my responsibi... | 1.4.1-c2-s2 | 1.4.1 Roles of Judge, Jury and Counsel | 0 | 0 | 539 |
20_1 |
It is unlikely that I will make any comments about the evidence. If you disagree with any comments I make, you must disregard them. Do not give them any extra weight because I, as the judge, have made them. It is your view of the facts which matters, not mine. You are the judges of facts – you alone.
## Role of Co... | 1.4.1-c2-s2 | 1.4.1 Roles of Judge, Jury and Counsel | 1 | 539 | 1,018 |
20_2 | [*Insert name of defence counsel*] appears for the accused, and will represent him/her throughout the trial.[^3]
You do not need to accept any comments that counsel may make during their addresses. Of course, if you agree with an argument they present, you can adopt it – in effect, it becomes your own argument. But i... | 1.4.1-c2-s2 | 1.4.1 Roles of Judge, Jury and Counsel | 2 | 1,018 | 1,521 |
20_3 | I am the judge of the law, and it is what I tell you about the law that matters. If counsel says something different from what I say about the law, you must ignore it and follow my directions.
Last updated: 17 May 2019 | 1.4.1-c2-s2 | 1.4.1 Roles of Judge, Jury and Counsel | 3 | 1,521 | 1,741 |
21_0 | # 1.5 Decide Solely on the Evidence
1. The jury must be directed to base their verdict solely on the evidence given before them in the trial. | 1.5-c1-s1 | 1.5 Decide Solely on the Evidence | 0 | 0 | 144 |
21_1 | In reaching their verdict they must disregard any knowledge they may otherwise have acquired about the case (*Glennon v R *(1992) 173 CLR 592; *Murphy v R* (1989) 167 CLR 94; *R v VPH* 4/3/94 NSW CCA; *R v Vjestica *[2008] VSCA 47).
2. | 1.5-c1-s1 | 1.5 Decide Solely on the Evidence | 1 | 144 | 381 |
21_2 | The jury should be told that the following matters constitute evidence:
- The answers to questions asked in court;
- Documents and exhibits admitted into evidence;
- Formal Admissions.
3. | 1.5-c1-s1 | 1.5 Decide Solely on the Evidence | 2 | 381 | 577 |
21_3 | The jury should also be directed that the following matters do *not *constitute evidence:
- Questions asked of witnesses (unless the witness agrees with the proposition) (*R v Johnston *[2004] NSWCCA 58; *R v Lowe *(1997) 98 A Crim R 300; *Lander v R *(1989) 52 SASR 424; *R v Robinson *[1977] Qd R 387);
- Counsels... | 1.5-c1-s1 | 1.5 Decide Solely on the Evidence | 3 | 577 | 942 |
21_4 | 4] VSCA 92; *R v Lowe *(1997) 98 A Crim R 300);[^1]
- The judge’s addresses and comments (*R v Boykovski and Atanasovski *(1991) A Crim R 436. See 3.9 Judge’s Summing Up on Evidence and Issues for further information). | 1.5-c1-s1 | 1.5 Decide Solely on the Evidence | 4 | 942 | 1,161 |
22_0 | 4. The principle that questions asked of witnesses are not evidence must be approached with caution when applied to puttage by defence counsel to prosecution witnesses. It may unfairly undermine the defence case to say that if the witness rejected the puttage then there is no evidence to support that proposition. Such ... | 1.5-c1-s2 | 1.5 Decide Solely on the Evidence | 0 | 0 | 519 |
22_1 | It may be desirable to tell the jury that if they disbelieve the answer of a witness, that does not amount to positive evidence of the opposite of that answer. Disbelief of a denial generally provides no evidence of the fact denied. | 1.5-c1-s2 | 1.5 Decide Solely on the Evidence | 1 | 519 | 752 |
22_2 | For a matter to be sufficiently proven, there needs to be independent, positive evidence (*Scott Fell v Lloyd *(1911) 13 CLR 230; *Edmunds v Edmunds *[1935] VLR 177; *Gauci v Cmr of Taxation (Cth) *(1975) 135 CLR 81; *Steinberg v FCT *(1975) 134 CLR 640; *R v Lowe *(1997) 98 A Crim R 30 | 1.5-c1-s2 | 1.5 Decide Solely on the Evidence | 2 | 752 | 1,040 |
22_3 | 0).
6. There may, however, be situations where disbelief of a witness allows the jury to draw a further inference, such as a conclusion that the truth would harm the witness, or that the witness is lying. For this reason, it can be dangerous to tell the jury to simply set aside any matter on which a witness is disbeli... | 1.5-c1-s2 | 1.5 Decide Solely on the Evidence | 3 | 1,040 | 1,403 |
22_4 | Further, where there are only two possible states of fact, disbelief of one state of facts can support the conclusion that the other set of facts exists (see *Steinberg v FCT* (1975) 134 CLR 640; *Mathieson v The Queen* [2021] VSCA 102, [45]–[56]).
7. The judge should tell the jury that if they are aware of any publi... | 1.5-c1-s2 | 1.5 Decide Solely on the Evidence | 4 | 1,403 | 1,803 |
22_5 | They must focus only on the evidence led in court (*R v Skaf* (2004) 60 NSWLR 86; *R v Vjestica *[2008] VSCA 47. See "Pre-trial Publicity" below for further information concerning pre-trial publicity). | 1.5-c1-s2 | 1.5 Decide Solely on the Evidence | 5 | 1,803 | 2,005 |
23_0 | 8. The judge should also tell the jury to disregard any feelings of prejudice or sympathy they may have in relation to the accused (*Glennon v R *(1992) 173 CLR 592). | 1.5-c1-s3 | 1.5 Decide Solely on the Evidence | 0 | 0 | 166 |
24_0 | ## External Communications
9. The jury should be told to avoid speaking to any people in the precincts of the court (*R v Skaf* (2004) 60 NSWLR 86).
10. The jury should also be told not to discuss the case with anyone other than their fellow jurors, and to do that only in the privacy of the jury room (*R v Skaf* (2... | 1.5-c1-s4 | 1.5 Decide Solely on the Evidence | 0 | 0 | 409 |
24_1 | ^2] All questions about the case should be directed to the judge (*R v Stretton *[1982] VR 251; *R v Emmett* (1988) 14 NSWLR 327; *Jackson & Le Gros v R* [1995] 1 Qd R 547; *R v Briffa & Portillo* 21/4/96 Vic CCA; *R v GAE* (2000) 1 VR 198. | 1.5-c1-s4 | 1.5 Decide Solely on the Evidence | 1 | 409 | 649 |
24_2 | See 1.10 Trial Procedure for further information about juror questions).
12. Jurors should be told not to bring mobile telephones or computers into the jury room (*R v Skaf* (2004) 60 NSWLR 86; *R v McCluskey* (1994) 98 Cr App R 216; *R v Evans* (1995) 79 A Crim R 66).
13. | 1.5-c1-s4 | 1.5 Decide Solely on the Evidence | 2 | 649 | 925 |
24_3 | It is useful to explain to the jury that one of the reasons for the prohibition against discussing the case is that most people will want to make observations about the case. Such observations will be of no value, since these people will not have heard or seen the evidence, or received directions which are binding upo... | 1.5-c1-s4 | 1.5 Decide Solely on the Evidence | 3 | 925 | 1,360 |
25_0 | ## Juror Enquiries
1. It is an offence for a juror to "make an enquiry" for the purpose of obtaining information about a party to the trial or any matter relevant to the trial, except in the proper exercise of his or her functions as a juror (*Juries Act 2000 *(Vic) s 78A(1)).
2. | 1.5-c2-s1 | 1.5 Juror Enquiries | 0 | 0 | 284 |
25_1 | "Making an enquiry" is defined to include:
- Consulting with another person or requesting another person to make an enquiry;
- Conducting research by any means (including using the internet) (see "Independent Research" below); or
- Viewing or inspecting a place or object that is relevant to the trial, or conducti... | 1.5-c2-s1 | 1.5 Juror Enquiries | 1 | 284 | 710 |
25_2 | This offence applies to all jurors from the time they are selected or allocated as part of the jury panel, until they are either excused from jury service, returned to the jury pool or discharged by the trial judge (*Juries Act 2000 *(Vic) s 78A(2)).
4. Jurors are not prohibited from making an enquiry of the court, o... | 1.5-c2-s1 | 1.5 Juror Enquiries | 2 | 710 | 1,152 |
25_3 | Although the *Juries Act 2000 *does not specify that judges must direct the jury about s 78A, this provision should be drawn to their attention (see, e.g. *Martin v R* (2010) 28 VR 579; *DPP v Dupas *[2010] VSC 409; *R v Rich (Ruling No 7) *[2008] VSC 437). | 1.5-c2-s1 | 1.5 Juror Enquiries | 3 | 1,152 | 1,410 |
26_0 | ## Independent Research
1. It is highly desirable for judges routinely to instruct the jury not to undertake any independent research (by internet or otherwise) concerning:
- The parties to the trial;
- Any other matter relevant to the trial; or
- The law applicable to the case (*Martin v R* (2010) 28 VR 579; *... | 1.5-c3-s1 | 1.5 Independent Research | 0 | 0 | 347 |
26_1 | See also *Juries Act 2000 *(Vic) s 78A; *Benbrika v R* (2010) 29 VR 593).
2. Judges should not avoid giving such a warning merely because they fear that it might place the idea in the mind of an inquisitive juror, and result in them conducting the kind of research the warning is intended to prevent (*R v K *(2003) ... | 1.5-c3-s1 | 1.5 Independent Research | 1 | 347 | 685 |
26_2 | It is not sufficient merely to direct the jury that they must be true to their oath, to decide the case on the evidence and to identify the sanctions which apply to jurors who disobey the instructions. The judge must explain the reasons for the prohibition and how such conduct risks injustice and an unfair trial (*SD ... | 1.5-c3-s1 | 1.5 Independent Research | 2 | 685 | 1,092 |
26_3 | The main reasons for the prohibition are that:
- Independent research may involve acting on information that is not tested and may be wrong or inaccurate;
- Independent research will involve acting on information which is unknown to the parties, which would be unfair. It is not for the jury to add to the evidence ... | 1.5-c3-s1 | 1.5 Independent Research | 3 | 1,092 | 1,559 |
26_4 | It is not inappropriate or improper for a jury to consult a dictionary about the meaning of an ordinary English word which they are told is a question for them (*Benbrika v R* (2010) 29 VR 593. See also *R v Chatzidimitriou *(2000) 1 VR 493 (Cummins AJA)). | 1.5-c3-s1 | 1.5 Independent Research | 4 | 1,559 | 1,816 |
27_0 | ## Private Views and Experiments
1. The jury should be told they must not, either individually or as a group:
- Make a private visit to the scene of the alleged offence;
- Attempt any private experiment concerning any aspect of the case; or
- Cause or request anyone else to do one of these things (*R v Skaf* (2... | 1.5-c4-s1 | 1.5 Private Views and Experiments | 0 | 0 | 384 |
27_1 | The judge should tell the jury that to commit any of these acts would be to change their role from that of impartial jurors to investigators, and would lead them to take into account material that was not properly placed before them as evidence. Such material might require expertise in order to ensure that the inspect... | 1.5-c4-s1 | 1.5 Private Views and Experiments | 1 | 384 | 926 |
27_2 | The jury should also be told that it is only views or experiments which occur in the presence of all jurors, counsel and the judge that are permitted. This allows safeguards to be taken to replicate the conditions which existed at the time of the relevant events. It also allows any relevant differences in the crime sc... | 1.5-c4-s1 | 1.5 Private Views and Experiments | 2 | 926 | 1,458 |
28_0 | ## Jury Room Experiments
1. As material objects produced in evidence and admitted as exhibits are part of the evidence in a trial, the jury are entitled to examine them and have regard to them in reaching their verdict. They may touch and handle them, and may engage in a limited amount of simple experimentation with... | 1.5-c5-s1 | 1.5 Jury Room Experiments | 0 | 0 | 505 |
28_1 | The results do not stand in place of the evidence – they consist of the juror’s perceptions of the evidence itself (*Kozul v R *(1981) 147 CLR 221).
3. | 1.5-c5-s1 | 1.5 Jury Room Experiments | 1 | 505 | 658 |
28_2 | While the jury may conduct simple experiments in the jury room, they must not conduct experiments in the absence of the parties that go beyond the mere examination and testing of the evidence, and become a means of supplying new evidence (*Kozul v R *(1981) 147 CLR 221; *Hodge v Williams *(1947) 47 SR (NSW) 489; *Juri... | 1.5-c5-s1 | 1.5 Jury Room Experiments | 2 | 658 | 1,008 |
28_3 | So while the judge may encourage the jury to examine exhibits with a view to testing the evidence given, they should not encourage the jury to conduct experiments which will generate new evidence in the jury room (*Kozul v R *(1981) 147 CLR 221).
5. It may be necessary to warn the jury of the possible dangers of cond... | 1.5-c5-s1 | 1.5 Jury Room Experiments | 3 | 1,008 | 1,376 |
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