DPP v Farquharson (Ruling no 6)
[2007] VSC 460
•4 September 2007
IN THE SUPREME COURT OF VICTORIA
CRIMINAL DIVISION
No. 1419 of 2006
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ROBERT DONALD WILLIAM FARQUHARSON |
Ruling No 6
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 4 September 2007 | |
CASE MAY BE CITED AS: | DPP v Farquharson (Ruling No 6) | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 460 | |
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Criminal law and procedure – murder – evidence.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr J Rapke QC Ms A Forrester | Office of Public Prosecutions |
| For the Accused | Mr P Morrissey Mr C Mylonas | Victoria Legal Aid |
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HIS HONOUR:
I am not satisfied that there is any prejudice to either party, and certainly, which is important, no prejudice to the defence by the material being led in chief that is foreshadowed by the prosecution. Mr Rapke has indicated from the Bar table that the particular diagram that Mr Morrissey is concerned as to is not being led in chief in any event. Whether it is led later via Senior Constable Urquhart is a subsequent matter, by which time all of this will have been researched by Mr Morrissey.
In those circumstances, I consider it is appropriate and proper to proceed with the evidence-in-chief of this witness, Senior Constable Courtis, and then adjourn over until tomorrow for the purposes of preparation by Mr Morrissey.
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