DPP v Towle (Ruling no 1)

Case [2007] VSC 551


IN THE SUPREME COURT OF VICTORIA

CRIMINAL DIVISION

No. 1460 of 2007

DIRECTOR OF PUBLIC PROSECUTIONS
v
THOMAS TOWLE

Ruling No 1

JUDGE:

CUMMINS J

WHERE HELD:

Melbourne

DATE OF HEARING:

19 December 2007

DATE OF RULING:

20 December 2007

CASE MAY BE CITED AS:

DPP v Towle (Ruling No 1)

MEDIUM NEUTRAL CITATION:

[2007] VSC 551

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Criminal law and procedure – six counts of culpable driving causing death – four counts of causing serious injury negligently – related counts – jury trial – venue – considerations applicable to hearing of trial in area of offences – jury trial to be held in Melbourne not Mildura – videocasting of trial to Mildura – considerations applicable.

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APPEARANCES:

Counsel Solicitors
For the Director Mr M Gamble SC
with Ms A Forrester
Office of Public Prosecutions
For the Accused Mr R Richter QC
with Ms K Blair
Victorian Aboriginal Legal Service

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HIS HONOUR:

  1. The accused, Mr Thomas Towle, is charged with six counts of culpable driving causing death, four counts of causing serious injury negligently, and related charges arising out of one episode of the driving of a motor vehicle by the accused on Saturday 18 February 2006 at Red Cliffs, south of Mildura, Victoria.  At approximately 9.50 pm on 18 February 2006 the accused was driving a 1991 Ford station wagon in a 100km zone in an easterly direction on Myall Street, Cardross, south of Mildura. The vehicle crossed the intersection with Boobook Avenue, which runs north to south.  East of Boobook Avenue (and where the deaths and injuries occurred) the location is Red Cliffs.  Stop signs applied to traffic in Boobook Avenue at its intersection with Myall Street.  Travelling on Myall Street west to east, there is a deviation of that street somewhat to the right approaching Boobook Avenue.  It is alleged that the accused’s vehicle lost control and ran into a group of young persons on or near the southern side of Myall Street (that is, on the opposite side of Myall Street from which the accused’s vehicle had been travelling) east of the intersection.  Tragically, six of the young persons were killed and a number of the survivors were grievously injured.  The accused decamped the scene by foot, leaving his own little children – who had been with him in his vehicle – behind, and at 3.20 a.m. the next morning was arrested.  After police interview, he was charged with the present offences.  The circumstances of the driving will be the subject of evidence at trial and I make no further reference to them in this Ruling.

  1. A committal hearing was conducted in the Mildura Magistrates’ Court from 19 to 27 March 2007.  On 27 March 2007 the learned Magistrate committed the accused for trial on all counts.  At the submission of the Director which was not opposed by senior counsel for the accused, Her Honour committed the accused for trial in this Court at Melbourne.  Presentment was filed in this Court on 5 June 2007.…

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Details
AGLC
Director of Public Prosecutions v Towle (Ruling no 1) [2007] VSC 551
Case
[2007] VSC 551
Decision Date

CaseChat Overview and Summary

The matter before the court involved the Director of Public Prosecutions bringing charges against Towle for six counts of culpable driving causing death and four counts of causing serious injury negligently. The alleged offences occurred in Mildura, a regional area in Victoria, and the case was heard in the County Court of Victoria. The primary issue before the court was the appropriate venue for the jury trial. The prosecution sought to hold the trial in Melbourne, while the defence argued for the trial to take place in Mildura.

The court considered various factors in determining the appropriate venue for the trial. These included the potential impact on the witnesses and the community, the availability of a suitable jury pool, and the need to ensure a fair trial for the accused. The court noted that Mildura was a small community where the accused and many of the witnesses were well-known, which could potentially prejudice the jury pool. Furthermore, the court found that there was a sufficient number of people in the Melbourne area who could serve as impartial jurors. The court also considered the logistics of conducting a trial in Mildura, including the availability of suitable court facilities.

After weighing these considerations, the court ruled that the jury trial should be held in Melbourne. However, to accommodate the interests of the community in Mildura and the witnesses, the court ordered that the trial be videocast to Mildura. This would allow the community to observe the proceedings and ensure that the trial was conducted fairly and transparently. The court also made orders to facilitate the attendance of witnesses from Mildura at the trial in Melbourne.

The court's decision was based on a careful consideration of the relevant factors and the need to balance the interests of all parties involved. The ruling ensured that the accused would receive a fair trial while also taking into account the impact of the trial on the community and witnesses. The orders made by the court facilitated the conduct of the trial in Melbourne while also allowing the community in Mildura to observe the proceedings.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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