Christopher Dean Barbaro v The Queen

Christopher Dean Barbaro appealed against his conviction to the Court of Appeal of the Supreme Court of Victoria. The appeal was brought on two grounds: first, that the trial judge misdirected the jury by failing to provide a direction regarding the jury's entitlement to give special consideration to witness evidence in circumstances where the Crown prosecutor had not questioned the witness; and second, that the Crown prosecutor failed to ensure the case was presented with fairness to the appellant.

The Court of Appeal was required to determine whether the trial judge's directions to the jury concerning the assessment of witness evidence and its use were adequate and correct, and whether the conduct of the Crown prosecutor amounted to an unfair presentation of the case against the appellant.

In dismissing the appeal, the Court held that the trial judge had correctly and adequately directed the jury on how to assess witnesses and use their evidence. Furthermore, the Court found that nothing said by the Crown prosecutor to the jury constituted an unfairness to the appellant. Consequently, the appeal was dismissed.