DPP v Farquharson (Ruling no 8)

Case

[2007] VSC 462

11 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 8

JUDGE:

CUMMINS J

WHERE HELD:

Melbourne

DATE OF RULING:

11 September 2007

CASE MAY BE CITED AS:

DPP v Farquharson (Ruling No 8)

MEDIUM NEUTRAL CITATION:

[2007] VSC 462

---

Criminal law and procedure – murder – expert evidence – threshold question.

---

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

---

HIS HONOUR:

  1. I consider there is no cause for discharging the jury in this case, let alone any degree of need, let alone a high degree of need.  I consider the opinion expressed by Sergeant Exton was a competent opinion to be expressed.  So far as it involved expertise, I consider he has the expertise as stated at 874.  Some of it may not involve expertise at all but simply be a matter of observation and applied commonsense.  So far as it is expertise, he is qualified to express it and I refuse the application to discharge the jury.

---

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0