DPP and Barnett
[2014] VCC 2291
•29 September 2014
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-13-01888
| Director of Public Prosecutions |
| v |
| Nigel Stefan Barnett |
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JUDGE: | Cannon | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 29 September 2014 | |
DATE OF RULING: | 29 September 2014 | |
CASE MAY BE CITED AS: | DPP and Barnett | |
MEDIUM NEUTRAL CITATION: | [2014] VCC 2291 | |
REASONS FOR RULING
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Subject: CRIMINAL LAW
Catchwords: Ruling – Application to cross examine complainant in relation to prior criminal history
Legislation Cited: Criminal Procedure Act 2009
Ruling: Application granted
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr M. Fisher | Solicitor for Public Prosecutions |
| For the Accused | Mr O. Trumble | Dowsley & Associates |
HER HONOUR:
1 In light of the application made and the reasons put forward for seeking leave to cross-examine the complainant in relation to prior sexual activity, particularly given the scope of those reasons for the application together with the prosecution's attitude towards the application, I am of the view that the evidence would have substantial relevance to a fact in issue in the trial in this matter. It is in the interests of justice to allow the cross-examination, having regard to those matters set out in s.349 of the Criminal Procedure Act 2009.
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