Alec v The King
Court of Appeal
Priest, Walker and Taylor JJA
05/09/2023
[2023] VSCA 208
Criminal law — Appeal — Conviction — Judge met privately with child complainant — No objections to meeting from counsel — No record of meeting — Whether substantial miscarriage of justice because of private meeting — Principle of open justice — Apprehension of partiality — Criminal Procedure Act 2009 (Vic), s 276
Criminal law — Jury — Jurors reconvened in jury room at different times prior to time for recommencement of deliberations — Some jurors left jury room unaccompanied by jurykeeper and returned prior to recommencement of deliberations — Jury asked question about whether they could read transcript and other material while in jury room prior to recommencement of deliberations — What constitutes jury ‘deliberating’ — Reading of transcript and exhibits — Guidance regarding reconvening jury — Juries Act 2000 (Vic), ss 49, 50
Read the judgment here.