DPP v Esso Australia Pty Ltd
[2000] VSC 574
•8 December 2000
| SUPREME COURT OF VICTORIA | Not Restricted |
| CRIMINAL DIVISION |
No. 1484 of 2000
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ESSO AUSTRALIA PTY LTD |
Ruling No. 3
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JUDGE: | Cummins J |
WHERE HELD: | Melbourne |
DATE OF RULING: | 8 December 2000 |
CASE MAY BE CITED AS: | DPP v Esso Australia Pty Ltd |
MEDIUM NEUTRAL CITATION: | [2000] VSC 574 |
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Criminal law – practice and procedure – charges under ss. 21, 22 and 47 Occupational Health and Safety Act 1985 – directions for trial pursuant to s. 7 Crimes (Criminal Trials) Act 1999.
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APPEARANCES: | Counsel | Solicitors |
For the Prosecution | R. Richter QC | Office of Public Prosecutions |
| For the Accused | M. Titshall QC with M. Hennessy | Middletons Moore & Bevins |
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Ruling No. 3
HIS HONOUR:
I direct pursuant to s.7 Crimes (Criminal Trials) Act 1999 that the defence file and serve upon the prosecution by Thursday, 21 December 2000 [corrected], a provisional s.7 response. By provisional is meant and hereby directed that the response is not available to be used by the prosecution before the jury during the trial.
I will further direct that a final s.7 response (which may or may not be different in substance to the provisional response) be filed and served by the defence upon the prosecution by Thursday, 25 January 2001.
I further direct that the parties exchange written outlines of submissions as to objections by that date also, that is to say Thursday 25 January 2001. Insofar as there may be some amendment or variation to those outlines of objections as a consequence of the final s.7 response being different, if it is different, from the provisional one, that can be accommodated between the parties by the exercise of common sense and by any further directions from me if necessary.
The matter will then be listed for hearing of submissions as to admissibility and other legal matters one week later, that is to say Thursday 1 February 2001. I have the hope that we could then have a jury by the middle of February and press ahead with the trial in the presence of the jury from that time.
I will of course give the parties a little time between the end of the legal argument and the commencement of the jury phase of the proceedings so that the parties can assemble their relevant material in the light of the rulings that I make during the first half of February.
It seems to me, from the benefit of what counsel has said, that it will not be appropriate in this case to have a jury view but rather that one or more videos can be utilised in place of having a jury view. Thus, the trial will proceed in Melbourne and will be held in the twelfth court which will facilitate electronic process.
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