CRIMINAL LAW – interlocutory appeal -sexual assault communications privilege – issue of subpoena and production of documents subject to leave – inspecting subpoenaed documents for protected confidences – consent to production – whether compelled documents had substantial probative value – Criminal Procedure Act 1986, ss 295-306
CONSTITUTIONAL LAW – limits on legislative power of States – essential characteristics of State court receiving federal jurisdiction – sexual assault communications privilege – State law prohibits compelled production of counselling communications – issue of subpoena and production of documents subject to leave – repugnancy to judicial power or institutional integrity of State court – Criminal Procedure Act 1986, ss 295-306
PRACTICE AND PROCEDURE – Whether the Court should be assisted by an assessor or special referee – Reference by the Court to a special referee – Reference opposed – Function of assessor – Appointment of assessor – Supreme Court Act 1986 (Vic), ss 25, 77.
CRIMINAL LAW – Incest – Verdict not unsafe or unsatisfactory despite uncertainty emerging in the cross-examination of the complainant – Evidence of the reputation for veracity of the complainant – Part 3.7 of the Evidence Act 2009 (Vic) ousted the common law – Letter written by offender not treated as a confession – Trial judge gave appropriate directions as to the letter.
CRIMINAL LAW – appeal – conviction – evidence – whether verdict unreasonable on evidence
CRIMINAL LAW – appeal – conviction – joint criminal enterprise – whether misdirection in summing up to jury – whether extended joint criminal enterprise alternative should have been left to jury
CRIMINAL LAW – appeal – conviction – whether misdirection in summing up to jury – whether evidence capable of verifying key witness’s account
CRIMINAL LAW – appeal – conviction – joint criminal enterprise – whether manslaughter alternative should have been left to jury
 NSWCCA 152
Criminal Practice & Procedure
admissibility of Alibi Notice
whether consciousness of guilt or credibility
whether notice should have been excluded
directions on lies