DPP v Farquharson (Ruling no 8)
[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 | |
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Criminal law and procedure – murder – expert evidence – threshold question.
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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 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.
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