Obian v The King
Court of Appeal
Priest, Niall & Macaulay JJA
16/02/2023
[2023] VSCA 18
Criminal law — Appeal — Conviction — Sentence — Procedure — Application at trial by the Crown to re-open case after accused gave evidence — Rebuttal evidence — Whether evidence could have reasonably been foreseen — Characterisation of evidence — Material to which reference may be had in determining foreseeability — Criminal Procedure Act 2009 (Vic), s 233(2)
Words and phrases — ‘could not reasonably have been foreseen’
Read the judgment here.