DPP v Ivanovic

[2003] VSC 393

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 1457of 2002

DIRECTOR OF PUBLIC PROSECUTIONS

V

THOMAS IVANOVIC

Ruling No. 6

---

JUDGE:	Cummins J
WHERE HELD:	Melbourne
DATE OF HEARING:	18 September 2003
DATE OF RULING:	18 September 2003
CASE MAY BE CITED AS:	DPP v Ivanovic
MEDIUM NEUTRAL CITATION:	[2003] VSC 393

---

CRIMINAL LAW – Murder – Expert evidence – Firearms testing – Evidence inadmissible as unscientific and unqualified.

---

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:

1. I consider the objection by Mr Richter should be sustained.  I think the voir dire has been a valuable exercise.  Even if the witness were qualified, which was the initial objection, I am not satisfied that the evidence ought be admitted because of its random character, and accordingly I uphold Mr Richter's objection to the leading of the evidence.