VIC What does "open to jury" mean in appellate cases

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Johnwilliams

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24 June 2020
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Hi. As a foreigner, I currently research Cardinal Pell's case. In the judgment of his intermediate appellate case, the given test seems to be swirling around "open to jury" phrase. What does this, particularly "open" means? Can anyone kindly rephrase the part involving "open" in any of the following citations?

"The question for this Court is whether, on the evidence led by the prosecution, it was open to the jury to be satisfied beyond reasonable doubt that the second incident occurred."
"With respect, this is a mischaracterisation both of the Crown case and of the reasoning process which it was open to the jury to apply."
"The task ... is to review the whole of the evidence and decide whether the guilty verdict was reasonably open on the evidence."

Much thanks for your help in advance.
 

Rob Legat - SBPL

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16 February 2017
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If something was open to the jury, it means it was a decision available for the jury to reasonably make. That means , by exclusion, if it was not open to the jury then it was not a decision they could reasonably make and therefore should not factor into their decision.