Obian v The King

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, GLEESON, JAGOT AND BEECH‑JONES JJSAER OBIAN  APPELLANTANDTHE KING  RESPONDENTObian v The King[2024] HCA 18Date of Hearing: 15 March 2024Date of Judgment: 8 May 2024M77/2023ORDERAppeal dismissed.On appeal from the Supreme Court of VictoriaRepresentationB W Walker SC with C T Carr SC and H L Canham for the appellant (instructed by Milides Lawyers)E H Ruddle KC with G L Buchhorn for the respondent (instructed by Office of Public Prosecutions (Vic))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSObian v The KingStatutes – Construction – Statutory powers – Where s 233(2) of Criminal Procedure Act 2009 (Vic) provides that prosecution may, with leave of trial judge, call evidence in reply "[i]f, after the close of the prosecution case, the accused gives evidence which could not reasonably have been foreseen by the prosecution" having regard to accused's response to summary of prosecution opening and accused's response to notice of pre‑trial admissions – Where appellant convicted on charge of trafficking in drug of dependence – Where evidence of prosecution included evidence of alleged co‑conspirator that appellant hired van involved in moving drugs – Where appellant gave evidence that he hired van on behalf of friend and handed van over to friend and had nothing more to do with van – Where prosecution applied for leave to adduce evidence in reply – Where prosecutor stated appellant's evidence was first time appellant said he hired van and that appellant...