DPP and DNM

[2013] VCC 2198

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
 Suitable for Publication

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR- 12-00512

Director of Public Prosecutions

v

DNM

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JUDGE:	CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	8 May 2013
DATE OF RULING:	8 May 2013
CASE MAY BE CITED AS:	DPP and DNM
MEDIUM NEUTRAL CITATION:	[2013] VCC 2198

REASONS FOR RULING 8 May 2013
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Subject:  CRIMINAL LAW

Catchwords:             Ruling – Crown application to adduce evidence at late stage of trial

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APPEARANCES:	Counsel	Solicitors
For the Crown	Ms K. Churchill	Solicitor for Public Prosecutions
For the Accused	Mr J. Kelly	Robert Stary Lawyers

HER HONOUR:

1       Having considered the stage at which the evidence is sought to be adduced by the Crown, and having heard the concerns that Mr Kelly legitimately raises in relation to the evidence, in the interests of a fair trial I am not going to allow the evidence to be adduced by the Crown, and further - well, there's nothing further that needs to be said.

2       We're at a late stage in the trial, and in the circumstances, I'm of the view that it would be unfair to the accused, given the way that the Crown has put its case, what the defence expected the Crown to be putting, and what evidence was going to be led by the Crown.  The position has changed in that regard.  I accept what Mr Kelly says as to the material effects it will have on defence and the way that they run their case.  It may well have necessitated the complainant to be recalled, and in all the circumstances I'm of the view that the evidence cannot be adduced in this trial.