DPP and Song
[2014] VCC 595
•4 February 2014
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-14-00188
| DPP |
| v |
| Jinsong SONG |
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JUDGE: | Cannon | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 4 February 2014 | |
DATE OF RULING: | 4 February 2014 | |
CASE MAY BE CITED AS: | DPP and Song | |
MEDIUM NEUTRAL CITATION: | [2014] VCC 595 | |
RULING No. 1
REASONS FOR RULING
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Subject: CRIMINAL LAW
Catchwords: Ruling – Direct Indictment filed – Imminent departure of accused - Application to issue warrant
Legislation Cited: Criminal Procedure Act 2009
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms L. Dipietrantonio | Mr C. Hyland, Solicitor for Public Prosecutions |
| For the Accused | No appearance |
HER HONOUR:
In circumstances where I have heard evidence from the supervising sergeant of the police informant in this matter that:
· the accused has a ticket to return to China tomorrow morning at 10 am;
· his home is in China;
· he has no ties to this jurisdiction;
· he is entitled to have his passport returned and that process is being undertaken, as I understand the position, as we speak; and
· also having heard that in the past he has attempted to vary bail in order to leave the jurisdiction;
I am satisfied that if a summons were to be issued at this late stage it is probable that the accused would not answer a summons, and therefore I will grant a warrant to arrest pursuant to s.174(3)(a) Criminal Procedure Act 2009 (hereafter “The Act”), but with the proviso that it has been indicated to me that the police would in those circumstances be prepared to execute that warrant at the airport tomorrow in effect.
I should add to my ruling that in any event, pursuant to s.144(3)(c) of the Act, in the circumstances as explained to me, it would be appropriate to make the order on the basis that it would be required for other good cause given the imminence of the departure of the accused in circumstances where the direct indictment has just been filed late this afternoon.
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