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Mathieson, Stephen v The Queen; Berry, Bradley v The Queen; Smith, Richard v The Queen  VSCA 102
Victorian Court of Appeal
Priest, Kyrou and T Forrest JJA
Mathieson, Stephen v The Queen; Berry, Bradley v The Queen; Smith, Richard v The Queen
23 April 2021
CRIMINAL LAW - Appeal - Conviction - Applicants convicted of aggravated burglary, intentionally causing serious injury and kidnapping - Whether judge wrongly deprived applicants of a 'defence' - Whether trial judge erred in directing jury on hypotheses consistent with innocence - Whether trial judge erred in directing jury to put aside any aspect of complainant's evidence disbelieved - Whether judge's charge lacked balance - Combination of errors resulted in substantial miscarriage of justice - Appeal allowed - Retrial ordered - Steinberg v Commissioner of Taxation (Cth) (1975) 134 CLR 640 and R v Defrutos  2 VR 589 considered.