SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2010 0349 | |
| PETER CARUSO | Appellant |
| v | |
| THE QUEEN | Respondent |
---
JUDGES: | BUCHANAN, NEAVE and REDLICH JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 14 May 2012 | |
DATE OF JUDGMENT: | 27 June 2012 | |
MEDIUM NEUTRAL CITATION: | [2012] VSCA 138 | |
JUDGMENT APPEALED FROM: | [2010] VSC 354 (Justice King) | |
---
CRIMINAL LAW – Practice and procedure – Jury empanelment – Murder – Failure of judge to inform members of the jury panel of the name of the deceased and the date and place of death not a breach of s 32 of the Juries Act 2000 – Failure to arraign the accused before members of the jury panel not a breach of the rules of natural justice – No point of principle.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr M J Croucher SC with Ms C A Boston | Vassis & Co |
| For the Crown | Mr B L Sonnett | Mr C Hyland, Solicitor for Public Prosecutions |
BUCHANAN JA
REDLICH JA:
After a trial in the Supreme Court, the appellant was convicted on a charge of murdering his wife. The prosecution alleged that the appellant killed his wife by repeatedly striking her head with a hatchet. The appellant’s case was that his wife was killed by an unknown assailant in the course of a robbery.
The appellant has been granted leave to appeal against his conviction on the following ground:
The trial miscarried as a result of fundamental procedural irregularities, namely, the learned trial judge’s failure:
(a)to provide the whole of the jury panel with information relevant to the excuse process prior to empanelment, as required by s 32 of the Juries Act 2000; and
(b)to have the applicant arraigned in front of the whole of the panel from which the jury was struck.
Section 32 of the Juries Act (‘the Act’) requires information to be given to jury panels in order that the potential jurors may seek to be excused from acting as jurors at the trial, on the basis, inter alia, that they would be unable to consider the case impartially. The section provides:
32 Information for panel
(1)The court must inform the panel, or cause them to be informed, of the following information—
(a) the type of action or charge;
(b)the name of the accused in a criminal trial or the names of the parties in a civil trial;
(c)the names of the principal witnesses expected to be called in the trial;
(d) the estimated length of the trial;
(e) any other information that the court thinks relevant.
(2)The court must then call on persons on the panel to seek to be excused from jury service on the trial.
(3)The court may excuse a person from jury service on the trial if the court is satisfied that the person—
(a)will be unable to consider the case impartially; or
(b)is unable to serve for any other reason.
(4)Unless the court otherwise orders, a person excused from jury service under subsection (3) must return…
Continue reading Caruso v The Queen
Sign in free to access the full text
- AGLC
- Caruso v The Queen [2012] VSCA 138
- Case
- [2012] VSCA 138
- Decision Date
CaseChat Overview and Summary
The court considered the statutory provisions outlined in section 32 of the Juries Act 2000, which mandates the inclusion of specific information during the empanelment of a jury in criminal trials. The court noted that while the omission of the deceased's name and details of the offence was significant, it did not necessarily render the trial unfair. The court further explored whether the absence of arraignment before the jury panel violated the principles of natural justice, concluding that it did not. The court held that the omission did not prejudice the defendant or affect the fairness of the trial, thus finding no breach of the rules of natural justice. The court determined that the errors, though notable, did not reach a level that warranted interference under the doctrine of no point of principle.
Consequently, the court dismissed the appeal, affirming the conviction. The court underscored that while procedural errors are to be avoided, they do not automatically invalidate a trial. The court emphasised the importance of adhering to statutory requirements but found that the omissions in this case did not undermine the fairness or integrity of the trial process. The appeal was therefore rejected, and the conviction was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.