Anandan v The Queen [2011] VSCA 413 (12 December 2011)

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/413.html

CRIMINAL LAW – Appeal against conviction – Intentionally cause serious injury – Evidence – Admissibility – Whether judge erred in allowing the informant to give evidence of interpretation of what appeared in CCTV footage – Relevance – Whether judge erred in failing to direct jury to disregard opinion evidence of informant – Whether judge erred in direction on self-defence and impact of role as an ‘original aggressor’ – Appeal allowed – New trial ordered – Smith v The Queen [2001] HCA 50; (2001) 206 CLR 650, applied; Zecevic v DPP [1987] HCA 26; (1987) 162 CLR 645, considered – Evidence Act 2008 , s 55.