DPP v Esso Australia Pty Ltd
[2001] VSC 295
•25 May 2001
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1484 of 2000
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ESSO AUSTRALIA PTY LTD |
R U L I N GNo. 13
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JUDGE: | Cummins J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 25 May 2001 | |
CASE MAY BE CITED AS: | DPP v Esso Australia Pty Ltd | |
MEDIUM NEUTRAL CITATION: | [2001] VSC 295 | |
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Criminal law – evidence – legal professional privilege – accused’s instructions to expert – privilege lost - cross-examination.
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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 |
R U L I N GNo. 13
HIS HONOUR:
I consider the sought for cross-examination by Mr Richter is permissible. We have been sitting since a little before 9 o'clock this morning. I asked the jury to be here at 9.30 and they were here at 9.30 which is half an hour earlier than normal, by their good grace coming in. It is now 10 o'clock.
In the circumstances we will proceed immediately with the jury and I shall give my reasons on Monday. I allow the proposed questions. They may be put by Mr Richter to the witness.
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