Case summary

This case is a reference pursuant to Section 308 of the Criminal Procedure Act 2009 by the Director of Public Prosecutions for the State of Victoria on a point of law that arose in a trial before the Honourable Justice Lasry sitting in the Supreme Court of Victoria. The accused in that trial was acquitted. This hearing has been brought by the Director of Public Prosecutions in relation to the Prasad direction.

Case information

15/11/2016 - Accused arraigned and pleaded not guilty to the charge. A jury was empanelled and the trial commenced before Justice Lasry (Supreme Court of Victoria).

22/11/2016 - After calling a number of witnesses the Prosecutor closed the Crown's case. Counsel for the accused then sought the administration of a Prasad direction to the jury.

23/11/2016 - Justice Lasry administers a Prasad direction to the jury. The jury retires to consider it's decision and later that afternoon returns to advise it wishes to hear more evidence in respect of both charges (Murder and Manslaughter).

24/11/2016 - Counsel closes the case for the accused. Immediately after, and prior to the delivery of closing addresses, Justice Lasry reminds the jury that the Prasad direction is still in operation and provides them with an opportunity to revisit their earlier decision. The jury retires and later that day returns a verdict of not guilty to the indictment.

Watch the Court of Appeal proceedings

Bench: President Maxwell, Justice Weinberg, Justice Beach

26/10/2017 - Hearing (audio and video recording) (External link)

Documents

To provide context to each proceeding, the Court will publish the corresponding notice of appeal (where the DPP is the appellant) or applications for leave to appeal and, as appropriate, the parties' written cases. These documents can be viewed and downloaded via the links displayed  below.

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of Publication

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