DPP v Glascott (Ruling no 1)
[2008] VSC 240
•12 May 2008
| IN THE SUPREME COURT OF VICTORIA | ||
| CRIMINAL DIVISION | Not Restricted | |
No. 1468 of 2007
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOHN THOMAS GLASCOTT |
Ruling No.1
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 12 May 2008 | |
DATE OF RULING: | 12 May 2008 | |
CASE MAY BE CITED AS: | DPP v Glascott (Ruling No.1) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 240 | |
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Criminal law and procedure – murder – evidence – admissibility.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr G. Horgan SC and Ms S. Borg | Office of Public Prosecutions |
| For the Accused | Mr R. Sarah | Slades & Parsons |
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Ruling No.1
HIS HONOUR:
I consider the evidence is not admissible. I agree with Mr Sarah that the evidence is speculative and ought not be led. It also could be prejudicial but the antecedent matter logically is that it is speculative and therefore lacks probative quality. That is because the matter relied upon by the prosecution does not on its face bear upon the issues between the prosecution and the defence. Clearly it could relate to a number of matters. It is not an argument with or even a glaring at the deceased. It is four to six weeks before. I consider the matter is not admissible. Accordingly I exclude it.
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