http://www.austlii.edu.au/au/cases/vic/VSCA/2013/77.html
CRIMINAL LAW – Conviction – Sexual penetration of child under 16 and indecent act with child under 16 – Jurisdiction – Offences committed on ferry steaming between Port of Melbourne, Victoria and Port of Devonport, Tasmania – Whether and when necessary for Crown to prove that offences committed within Victorian jurisdiction – Thompson v R [1989] HCA 30; (1989) 169 CLR 1, considered; Reg v Wallwork (1958) 42 Cr App R 153; Reg v Hildebrandt (1963) 81 WN (NSW) 143, referred to.
CRIMINAL LAW – Procedure – Indictment – Pleading – Whether necessary for Crown to plead place of commission of offences – Whether pleading that offences committed at place ‘adjacent to Victoria’ adequate to invoke statutory presumption applicable to offences alleged to have been committed within ‘adjacent area’ for Victoria – Whether failure to invoke statutory presumption inimical to pleading – Reg v Wallwork (1948) 42 Cr App R 153, applied; Criminal Procedure Act 2009 (Vic), Schedule 1 – Crimes at Sea Act 1999 (Vic), Crimes at Sea Act 2000 (C’th), Schedules 1, Clauses 1, 2 and 4.
CRIMINAL LAW – Evidence – Mode and form – Evidence of former Master of ferry as to ‘legal boundary’ between Victorian and Tasmanian waters – Whether evidence as to ‘legal boundary’ objectionable as hearsay or opinion or otherwise in point of mode and form – Whether objection waived – R v Ford [1972] VicRp 1; [1972] VR 3; R v Radford (1993) 6 A Crim R 210; R v Clark [2005] VSCA 294; (2005) 13 VR 75, referred to – Evidence Act 2008 (Vic), s 143.
CRIMINAL LAW – Juries – Transcript of discussion between judge and counsel in absence of jury – Transcript inadvertently given to jury – Whether productive of miscarriage of justice – Juries Act 2000 (Vic), s 78(4).