Victorian Current Acts

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Abolition of common law rules

Any rule of common law under which a trial judge is not permitted to direct the jury on the order in which it must consider any of the following matters is abolished—

        (a)     the offences in respect of which the jury may return a verdict;

        (b)     the elements of an offence charged or an alternative offence;

        (c)     defences to an offence charged or to an alternative offence;

        (d)     the matters in issue;

        (e)     an alternative basis of complicity in the commission of an offence charged or an alternative offence.


1     This provision abolishes the rule attributed to
Stanton v R [2003] HCA 29; (2003) 198 ALR 41 and followed in Medici v The Queen [2013] VSCA 111 and Smith v The Queen [2013] VSCA 112.

2     Section 4 applies generally to override any rule of law or practice to the contrary of this Act.

Part 8—Trial judge's summing up

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