Baker v The King
Court of Appeal
Emerton ACJ, Priest and Niall JJA
14/09/2022
[2022] VSCA 196
Criminal law — Appeal — Conviction — Second or subsequent appeal — Murder — Deceased forced out of a window during a fight — Co-accused acquitted by jury — Out of court statement by co-accused not admissible at trial — Legislative change after trial made co-accused’s out of court statement admissible — Whether evidence fresh — Whether evidence compelling — Criminal Procedure Act 1958 (Vic), ss 318, 326A, 326B, 326C, 326D, 326E — Evidence Act 2008 (Vic), s 83(2)
Read the judgment here.