Sunday, 1 April 2012

High Court Overturns Victoria Court of Appeal in Getachew Case

The High Court has called into question the technicality in relation to consent and directions to juries used to appeal a number of rape cases in Victoria.  Tomas Getachew raped a woman who was asleep. The case went to retrial after the Court of Appeal ruled the trial judge did not give a particular direction about consent to the jury.  As the Victorian Law Reform Commission has pointed out the number and complexity of jury directions in Victoria has increased markedly over the past 25 years.  It is time for the Government to look at reforming jury directions so that errors in direction will not result in more unnecessary appeals and retrials. 
All appeals and retrials compound the stress on victims and add to court delays.  No-one wants to see innocent people go to jail but neither do we want to see the system working against victims using legal technicalities.

No comments:

Post a Comment