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See Also Victorian Criminal Charge Book Part 1: Preliminary Direction 1.1 – Introductory Remarks 1.2 – Jury Empanelment 1.3 – Selecting a Foreperson 1.4 – The Role of Judge and Jury 1.5 – Decide Solely on the Evidence 1.6 – Assessing Witnesses 1.7 – Onus and Standard of Proof 1.8 - Separate Consideration 1.9 - Alternative verdicts 1.10 – Trial Procedure 1.11 - Consolidated preliminary directions Part 2: Directions in Running 2.1 - Views 2.2 - Providing Documents to the Jury 2.3 – Other Procedures for Taking Evidence 2.4 – Unavailable witnesses 2.5 – Witness invoking Evidence Act 2008 s128 Part 3: Final Directions 3.1 - Directions Under Jury Directions Act 2015 3.2 - Overview of Final Directions 3.3 - Review of the Role of the Judge and Jury 3.4 - Review of the Requirement to Decide Solely on the Evidence 3.5 - Review of the Assessment of Witnesses 3.6 - Circumstantial Evidence and Inferences 3.7 - Review of the Onus and Standard of Proof 3.8 - Review of Separate Consideration 3.9 - Judge’s Summing Up on Issues and Evidence 3.10 - Alternative Verdicts 3.11 - Unanimous Verdicts and Extended Jury Unanimity 3.12 - Taking Verdicts 3.13 - Perseverance and Majority Verdict Directions 3.14 - Intermediaries and ground rules explained 3.15 - Concluding Remarks 3.16 - Consolidated final directions Part 4: Evidentiary Directions 4.1 - The Accused as a Witness 4.2 - Child Witnesses 4.3 - Character Evidence 4.4 - Prosecution Witness's Motive to Lie 4.5 - Confessions and Admissions 4.6 - Incriminating Conduct (Post Offence Lies and Conduct) 4.7 - Corroboration (General Principles) 4.8 - Delayed Complaint 4.9 - Distress 4.10 - Prosecution Failure to Call or Question Witnesses 4.11 - Defence Failure to Call Witnesses 4.12 - Failure to Challenge Evidence (Browne v Dunn) 4.13 - Identification Evidence 4.14 - Opinion Evidence 4.15 - Previous Representations (Hearsay, Recent Complaint and Prior Statements) 4.16 - Silence in Response to People in Authority 4.17 - Silence in Response to Equal Parties 4.18 - Tendency Evidence 4.19 - Coincidence Evidence 4.20 - Other forms of other misconduct evidence 4.21 - Unfavourable Witnesses 4.22 - Unreliable Evidence Warning 4.23 - Criminally Concerned Witness Warnings 4.24 - Prison Informer Warnings 4.25 - Word Against Word Cases 4.26 - Differences in a Complainant’s Account 4.27 - Alibi Part 5: Complicity 5.1 - Overview 5.2 - Statutory Complicity (From 1/11/14) 5.3 - Joint Criminal Enterprise (Pre-1/11/14) 5.4 - Extended Common Purpose (Pre-1/11/14) 5.5 - Aiding, Abetting, Counselling or Procuring (Pre-1/11/14) 5.6 - Assist Offender 5.7 – Commonwealth Complicity (s 11.2) 5.8 – Commonwealth Joint Commission (s 11.2A) 5.9 - Innocent Agent (Victorian Offences) 5.10 - Commission by Proxy (Commonwealth offences) Part 6: Conspiracy, Incitement and Attempts 6.1 - Conspiracy to Commit an Offence (Victoria) 6.2 - Conspiracy (Commonwealth) 6.3 - Incitement (Victoria) 6.4 - Attempt (Victoria) Part 7: Victorian Offences 7.1 - General Directions 7.2 - Homicide 7.3 - Sexual Offences 7.4 - Other Offences Against the Person 7.5 - Dishonesty and Property Offences 7.6 - Drug Offences 7.7 – Occupational Health and Safety 7.8 - Offences against justice Part 8: Victorian Defences 8.1 - Statutory Self-Defence (From 1/11/14) 8.2 - Statutory Self-Defence (Pre - 1/11/14) and Defensive Homicide 8.3 - Common Law Self-Defence 8.4 - Mental Impairment 8.5 - Statutory Intoxication (From 1/11/14) 8.6 - Statutory Intoxication (23/11/05 - 31/10/14) 8.7 - Common Law Intoxication 8.8 - Automatism 8.9 - Statutory Duress (From 1/11/14) 8.10 - Statutory Duress (23/11/05 - 31/10/14) 8.11 - Common Law Duress 8.12 - Provocation 8.13 - Suicide Pact 8.14 - Powers of arrest 8.15 - Police search and seizure powers without a warrant 9.1 - Commonwealth Drug Offences 9.2 - People Smuggling (Basic Offence) 9.3 - People Smuggling (5 or More People) 9.4 - Use of carriage service for child pornography material Part 10: Unfitness to Stand Trial 10.1 – Investigations into Unfitness to Stand Trial 10.2 – Special Hearings |