DPP v Gatto (No 1)

[2005] VSC 123

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 1401 of 2005

DIRECTOR OF PUBLIC PROSECUTIONS

v

DOMINIC GATTO

RULING NO. 1

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JUDGE:	Cummins J
WHERE HELD:	Melbourne
DATE OF HEARING:	20 April 2005
DATE OF RULING:	20 April 2005
CASE MAY BE CITED AS:	DPP v Gatto
MEDIUM NEUTRAL CITATION:	[2005] VSC 123

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Criminal law and procedure – Murder – Evidence – Body bag – Evidence excluded on grounds of prejudice.

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APPEARANCES:	Counsel	Solicitors
For the Director	Mr G Horgan QC with Mr A. Tinney	Solicitor for Office of Public Prosecutions
For the Accused	Mr R Richter QC with Mr M Taft	Galbally Rolfe

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HIS HONOUR:

Although potentially relevant for the reasons submitted by Mr Horgan, I consider that a prejudice, which is I think quite real and substantial, inheres in a body bag in a murder case.  In this case it would be prejudicial to the accused for evidence to be led that a body bag was discovered in the boot of his car.  A body bag is a grim and ominous entity and I think the accused should be not subject to that sort of prejudice.  Accordingly, I exclude it on that ground.

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