Guilty or not guilty – the jury’s duty in Victoria

So how does a jury decide their verdict?

The jury is not there to determine the guilt or innocence of a person in court, but to determine if the person is guilty beyond reasonable doubt. Any accused – despite sometimes even being believed to be probably guilty – must have the evidence (provided by the prosecution) prove beyond reasonable doubt that the person is guilty.

Guilty and not guilty are not the same as guilty and innocent. The jury doesn’t decide guilt or innocence, but guilty enough or not guilty enough based on the evidence available.

A jury doesn’t choose which story they believe either – the defence or the prosecution. The issue isn’t which version of events the jury believes, though sometimes this will be true, particularly in the case of certain witnesses with conflicting versions of events. The jury must acquit if there is reasonable doubt of the case. Jurors, additionally, do not apply the law.

The job of the jury is not to decide guilt (or otherwise), but to judge the evidence on its own merits. It is either enough or it is not enough to add reasonable doubt. The elements must be proved before a verdict of guilty can be handed down.

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