DPP v Glascott (Ruling no 2)
[2008] VSC 241
•14 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. 2
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 13 May 2008 | |
DATE OF RULING: | 14 May 2008 | |
CASE MAY BE CITED AS: | DPP v Glascott (Ruling No. 2) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 241 | |
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Criminal law and procedure – murder – s.399(5)(b) Crimes Act 1958 not invoked.
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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.2
HIS HONOUR:
Counsel, on the question of the invocation of s.399(5)(b) Crimes Act 1958, I have examined the transcript overnight. The relevant part is the cross-examination of Mr Antonicelli, p.291, lines 21 to 30.
Subject to the benefit of counsel’s submissions, it seems plain to me that the questions there put and the answers there adduced are well within the ambit of s.399(5)(b). That is for the following three reasons: first, their nature and content; second, the parity of reason between one person obtaining a licence, namely Mr Antonicelli, and the other, namely Mr Glascott; and third, because the second personal pronoun "you" comprehends plural as well as singular. However, I would take considerable persuasion to, in the exercise of discretion, permit cross-examination of the accused on his prior convictions on the basis of the questions put at page 291. The breach was a breach but not an egregious breach and in my view the matter should be left there and nothing further said about it.
So unless counsel want to persuade me otherwise I think we should put the matter behind us and proceed without any further reference to the consequences of s.399.
I say that now because there are other matters to be dealt with today and I did not want defence counsel distracted by this matter hanging over his head. Unless Mr Horgan can persuade me otherwise I think we just should put the matter behind us.
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