[3] Bruce v The Queen [1987] HCA 40; (1987) 74 ALR 219, 219 (Mason CJ, Brennan, Deane, Dawson and Gaudron JJ).

[4] See Dean v The Queen [2020] VSCA 100, [62] (Beach, Kaye and Weinberg JJA).

[5] Contrary to Crimes Act 1958, s 77B.

[6] Contrary to Crimes Act 1958, s 18.

[8] Contrary to Crimes Act 1958, s 27.

[9] Contrary to Crimes Act 1958, s 74.

[10] Harika's sentence comprised 7 years and 4 months' imprisonment (base) for aggravated home invasion, 2 years and 6 months (6 months' cumulation) for causing injury intentionally, 1 year and 6 months (6 months' cumulation) for extortion with threat to kill, 1 year and 6 months (2 months' cumulation) for one theft charge, 1 year (2 months' cumulation) on each of the other theft charges, and 1 year (2 months' cumulation) for common assault.

[11] Other than being fined $100 in respect of the possession of a drug of dependence, Hamann's sentences on the other charges were the same as those imposed on Harika, except that Hamann was sentenced to 3 years' imprisonment (12 months' cumulation) for causing injury intentionally, and 1 year and 3 months (4 months' cumulation) for common assault.

[12] Judge Carlin was not, ultimately, the trial judge. The trial judge was Judge Doyle.

[13] DPP v Harika & Ors (County Court of Victoria, Judge Carlin, 1 February 2021) ('Ruling').

[14] Evidence Act 2008, s 115(5)(c).

[15] A person's refusal to take part in an identification parade is a ground for enabling the later admission of picture identification evidence (eg, from a photoboard) of that person where the relevant examination of the pictures occurred while the person to be identified was in police custody: Evidence Act 2008, s 115(5)(a).

[16] (1994) 181 CLR 487; [1994] HCA 63.

[18] (2023) 97 ALJR 758; [2023] HCA 29.

[19] Ibid [143] (Gordon and Edelman JJ).

[21] Counsel referred to the directions regarding identification evidence, set out in s 36 of the Jury Directions Act 2015, which are to be given to a jury when requested by the prosecution or defence counsel.

[22] See above at [55]; see also R v Hillier [2007] HCA 13; (2007) 228 CLR 618, 638 [48]; [2007] HCA 13.

[23] Evidence Act 2008, s 115(1).

[24] Evidence Act 2008, s 114(4).

[28] GLJ v The Trustees of the Roman Catholic Church of Diocese of Lismore [2023] HCA 32, [16] (Kiefel CJ, Gageler and Jagot JJ).