DPP v Glascott (Ruling no 3)
[2008] VSC 242
•15 May 2008
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
CRIMINAL DIVISION
No. 1468 of 2007
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOHN THOMAS GLASCOTT |
Ruling No.3
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 15 May 2008 | |
DATE OF RULING: | 15 May 2008 | |
CASE MAY BE CITED AS: | DPP v Glascott (Ruling No. 3) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 242 | |
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Criminal law and procedure – murder – procedure.
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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.3
HIS HONOUR:
In the circumstances I consider the matter should proceed for the reasons I discussed with Mr Sarah, namely number one, the general position of the accused is that he was not present at the scene and had nothing to do with the shooting, and that has not changed; and second, in the specific matter in relation to enquiring about a gun, the defence position is that the accused did make that enquiry but it was not a serious enquiry and that position has not changed either.
In all the circumstances, assuming that the Presser criteria are satisfied, as Mr Sarah responsibly says he considers they are, I consider the trial ought proceed.
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