Director of Public Prosecutions v Bandali Michael Debs and Jason Joseph Roberts
[2002] VSC 589
•24 December 2002
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1527 of 2001
| Director of Public Prosecutions |
| v |
| Bandali Michael Debs and Jason Joseph Roberts |
Ruling No. 30
JUDGE: | Cummins J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 24 December 2002 | |
CASE MAY BE CITED AS: | DPP v Bandali Michael Debs and Jason Joseph Roberts | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 589 | |
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Criminal law and procedure – murder – Judge's charge – further directions to jury as to implied admissions and consciousness of guilt.
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APPEARANCES: | Counsel | Solicitors |
| For the Director | Mr J.W. Rapke QC with Mr P.B. Kidd and Mr J.J. Serong | OPP |
| For the accused Debs | Mr P.C. Dane QC | Victoria Legal Aid |
| For the accused Roberts | Mr I.D. Hill QC | Lethbridges |
HIS HONOUR:
I consider there is prudence in Mr Rapke's submission that it is necessary to make assurance doubly sure that the jury is not left at large on Mr Rapke's address to the jury as to what material the jury can use as implied admissions or consciousness of guilt.
I deliberately gave a favourable direction, that is to say favourable to the two accused, on Edwards in relation to the lies which the prosecution relied upon and limited the lies to what I consider is the epicentre of the case, namely how did the rear window of OJI break in the first instance, and where?
I think upon reflection the jury has been left at large about other matters, including statements by Mr Debs which on their face are said by the prosecution not to be lies but which are said to be post-offence implied admissions, and I think in all the circumstances it would be responsible of me to give the jury a brief direction of law to remove any doubt as to the appropriateness of their modes of reasoning in considering their verdicts.
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