DPP v Dupas (Ruling No 7 )
[2007] VSC 259
•9 July 2007
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
CRIMINAL DIVISION
No. 1533 of 2006
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PETER NORRIS DUPAS |
---
Ruling No. 7
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 9 July 2007 | |
CASE MAY BE CITED AS: | DPP v Dupas | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 259 | |
---
Criminal law and procedure – murder – evidence – admissibility.
---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr C. Hillman SC Mr A. Lewis | Office of Public Prosecutions |
| For the Accused | Mr D. Drake Mr M. Regan | Victoria Legal Aid |
---
Ruling No. 7
HIS HONOUR:
I am unsatisfied that there is anything unlawful, contrary to public policy or unfair, in the elicitation of the evidence which appears at p.908 of the Inquest, wherein Patrick O'Brien states that the accused said to him he knew nothing about the murder and that he had never been to the Fawkner Cemetery. The police investigation at this juncture was at a nascent stage, and in my view the case falls far short of the principles in Swaffield and Pavic and the other authorities referred to by Mr Regan. Accordingly I rule the evidence is admissible.
---
0
0
0