DPP v Ivanovic
[2003] VSC 399
•25 September 2003
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1457of 2002
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| THOMAS IVANOVIC |
Ruling No. 12
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JUDGE: | Cummins J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 25 September 2003 | |
DATE OF RULING: | 25 September 2003 | |
CASE MAY BE CITED AS: | DPP v Ivanovic | |
MEDIUM NEUTRAL CITATION: | [2003] VSC 399 | |
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CRIMINAL LAW AND PROCEDURE – Murder – Judge's charge – No need for further direction as to burden of proof.
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APPEARANCES: | Counsel | Solicitors |
| For the Director | Mr W. Morgan-Payler Q.C. | Office of Public Prosecutions |
| For the Accused | Mr R. Richter Q.C. and Mr C. Rozencwajg | Theo Magazis |
HIS HONOUR:
I am obliged to Mr Richter for raising the matter. It is always desirable to raise these things to make sure that we get them right. I have had the benefit of his submission. I am unpersuaded as to his concern that the jury might not act upon the holistic and continuing principle that the prosecution has the burden of proof on every element of the charge and in respect of the directions given. Accordingly I shall say no more to the jury.
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