DPP v Towle (Ruling no 6)

[2008] VSC 261

IN THE SUPREME COURT OF VICTORIA Not Restricted

CRIMINAL DIVISION

No. 1460 of 2007

DIRECTOR OF PUBLIC PROSECUTIONS

v

THOMAS GRAHAM TOWLE

Ruling No. 6

JUDGE:	CUMMINS J
WHERE HELD:	Melbourne
DATE OF RULING:	22 February 2008
CASE MAY BE CITED AS:	DPP v Towle (Ruling No 6)
MEDIUM NEUTRAL CITATION:	[2008] VSC 261

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Criminal law and procedure – culpable driving – evidence – cross-examination.

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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. 6

HIS HONOUR:

1. As I said to Mr Richter in submissions I am not of the school of jurisprudence which treats any minor stepping over of the line as triggering a major consequence.  I think balance and fairness are essential, especially when counsel are on their feet.

1. However I do consider that Mr Richter's cross-examination in this instance is significantly beyond a mere crossing of the line.  It clearly and demonstrably has joined in issue the question of the alleged confusion of Mr Towle.  This statement which I have previously excluded in the interests of fairness in my view directly bears upon the issue which Mr Richter has introduced in cross-examination.

1. Accordingly I rule that the statement is admissible in re-examination.