Director of Public Prosecutions v Baker (Ruling No. 3)

[2008] VSC 628

IN THE SUPREME COURT OF VICTORIA	Not Restricted
CRIMINAL DIVISION
No. 1637 of 2008
DIRECTOR OF PUBLIC PROSECUTIONS
v
NEIL ALLAN BAKER

Ruling No. 3

JUDGE:	CUMMINS J
WHERE HELD:	Ballarat
DATE OF RULING:	29 October 2008
CASE MAY BE CITED AS:	DPP v Baker (Ruling No. 3)
MEDIUM NEUTRAL CITATION:	[2008] VSC 628

Criminal law and procedure – trial – murder – application by defence for discharge of jury during prosecution final address – application refused.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M Gibson	Office of Public Prosecutions
For the accused	Mr M Rochford	Victoria Legal Aid
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Ruling No. 3

HIS HONOUR:

1. I refuse the application to discharge the jury. I consider there is no degree of need to do so, and certainly no high degree of need, as to the observations and analysis given by Mr Gibson in his final address, particularly at about 12.40 pm, before lunch, which I have noted. The transcript is coming through.

2. I will give my reasons with precise expression rather than now hold the jury up. They have already been held up now 40 minutes since lunch, and I will keep the trial moving.

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