DPP v Towle (Ruling no 4)
[2008] VSC 259
•21 February 2008
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
CRIMINAL DIVISION
No. 1460 of 2007
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| THOMAS GRAHAM TOWLE |
Ruling No. 4
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 21 February 2008 | |
CASE MAY BE CITED AS: | DPP v Towle (Ruling No 4) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 259 | |
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Criminal law and procedure – culpable driving causing death – medical evidence – admissibility.
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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. 4
HIS HONOUR:
I consider the evidence proposed to be called is relevant and admissible. I entirely understand Mr Richter's point that evidence of a medical sort reviewing grievous injury can have an effect upon the jury. However, the matters apart from the last matter that Mr Gamble stated, that is to say that the impact was severe, I think are issues before the jury. They may not be major issues but they nonetheless are articulated issues and potential matters for jury consideration and accordingly I consider the material is admissible. Further, the material is different from graphic photographs of persons deceased on the ground and should not have the emotional impact that such photographs would have.
Accordingly, I rule the material is relevant and admissible.
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