DPP v Towle (Ruling no 2)
[2008] VSC 34
•13 February 2008
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
CRIMINAL DIVISION
No. 1460 of 2007
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| THOMAS GRAHAM TOWLE |
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Ruling No. 2
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 13 February 2008 | |
CASE MAY BE CITED AS: | DPP v Towle (Ruling No 2) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 34 | |
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Criminal law and procedure – jury trial – culpable driving causing death – procedure in R v Thynne [1977] VR 98 followed.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | 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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Ruling No. 2
HIS HONOUR:
I consider it is not appropriate that the witness undergoes a Thynne[1] procedure or refreshes his memory on the question of the car humming and the estimate of speed, because the material is too speculative.
[1]R v Thynne [1977] VR 98 at 101 per curiam and Addendum at 103 referring to R v Neal, Regos and Morgan (1947) 53 ALR 616 but not reported on this point.
On the question of the man running through the vines, I consider that is relevant. It has been made a specific issue in relation to the evidence of Mr Mark Burnett and as Mr Richter has said it is propounded that Mr Burnett is wrong in the proposition that the accused was running towards Cardross. This witness says the man was running towards Red Cliffs and it seems to me his evidence is relevant and of some significance on that matter. The statement is quite clear in the third full paragraph on p.1021 and I consider accordingly he can be reminded of it in accordance with R v Thynne.
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