Case studies of my work

Featured case

Jury Directions Act 2015 (Vic)
The Jury Directions Act 2015 is the most significant reform to jury directions in the common law world. This groundbreaking law reform is the culmination of a ten-year project that I led when working for the Department of Justice. My team and I wrote working papers with proposals for reform. We consulted extensively with the Jury Directions Advisory Group, which I chaired. The Advisory Group included senior judicial officers (including Justice Maxwell, President of the Court of Appeal, and other appellate judges and trial judges), senior practitioners (prosecution and defence), and academics. It was a very collaborative process. The project continued successfully despite two changes of government. The substantive reforms change the process for a judge determining what directions to give. The parties must indicate what is and is not in issue and request that specific directions be given. The reforms simplify many complex jury directions (eg consciousness of guilt and tendency evidence). The reforms address misconceptions that jurors may have about delay in sexual offence cases that may affect the credibility of the complainant or cause forensic disadvantage to the accused, or misconceptions that may arise where there are differences in a complainant's account. In an Australian first, judges may respond to jury questions about the meaning of 'proof beyond reasonable doubt' to help jurors to understand this concept. Because of these reforms: • jury directions are much shorter (Victoria did have the longest directions in Australia) • there are very few appeals concerning misdirections or non-directions, and • judges are able to give directions to the jury that are as clear, brief, simple and comprehensible as possible. Two independent evaluations of the reforms (conducted by the Judicial College of Victoria and by Prof. Jonathan Clough et al) have demonstrated their success. The reports that we wrote as aids to interpretation of the Acts are available at: https://www.justice.vic.gov.au/jury-directions-reports https://www.justice.vic.gov.au/jury-directions-a-jury-centric-approach-part-2
"The most significant criminal law reforms in this State's history."
Justice Marilyn Warren AC, Former Chief Justice of the Supreme Court of Victoria
Criminal Procedure Act 2009 (Vic)
Overhauling Victoria's criminal procedure laws was another large project that I led. Victoria's laws were outdated, strewn over different Acts and it was no longer logical or coherent. Laws were difficult to locate and to understand. This reform involved consolidating procedure laws from different Acts into one Act. Procedures between jurisdictions were harmonised. Redundant provisions and processes were abolished. Procedures were then rationalised to provide a coherent and chronological structure. The language was modernised and procedures made more efficient, while remaining fair. The Act simplified and clarified summary procedures, improved pre-trial case management procedures and powers, provided better support to victims and witnesses in sexual offence and family violence proceedings, introduced interlocutory appeals, reformed common form appeal provisions and simplified service provisions, amongst many other improvements. The Act commenced at the same time as Victoria introduced the Evidence Act 2008. I led the implementation project team that jointly implemented both Acts, coordinating with a wide array of stakeholders and courts in both criminal and civil jurisdictions. This was probably the largest and most complex legislative implementation project in Victoria's history. It ran for more than two years and was very successful.
A number of reforms in the Criminal Procedure Act 2009 "have finally brought criminal procedure in this State into the 21st century".
Justice Mark Weinberg AO, Court of Appeal, Supreme Court of Victoria
Sexual Offence Reforms
Sexual offences laws were failing in Victoria. Successful appeals against conviction were common. By 2011, 'law governing the trial of sexual offence laws ... [had become] so extraordinarily complex as to throw into doubt the expectations on which trial by jury is founded'. (Wilson v The Queen [2011] VSCA 328, [2] (Maxwell P)). Between 2010 and 2012, there were 15 successful appeals against conviction for the offence of rape. I led Victoria's review of sexual offence laws. The reforms were developed in consultation with the Sexual Offences Advisory Group, comprising experts in this area of law including judges from the County Court, magistrates, the Office of Public Prosecutions, the Criminal Bar Association and Victoria Legal Aid. The comprehensive reforms clarify and entrench the communicative model of consent. The new offences simplify and modernise the fault element for the offences of rape and sexual assault by using an objective fault element, and provide clear and helpful jury directions on consent and reasonable belief in consent. The new offences expressly set out the elements of offences and any exceptions and defences. This clear and modern drafting style makes the legislation much easier to understand and use. The Sexual Offences Consultation Paper and Introduction to the legislative reforms that we wrote are available at: https://www.justice.vic.gov.au/review-of-sexual-offences-consultation-paper https://www.justice.vic.gov.au/crimes-amendment-sexual-offences-act-2016-introduction
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