DPP v Towle (Ruling no 7)
[2008] VSC 262
•26 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. 7
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 26 February 2008 | |
CASE MAY BE CITED AS: | DPP v Towle (Ruling No 7) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 262 | |
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Criminal law and procedure – culpable driving – 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. 7
HIS HONOUR:
I consider the evidence sought to be led from Senior Sergeant Cripps on this matter is relevant and admissible. I think it is a question of weight. I think Mr Richter has a very good argument as to weight, that a car coming through the stop sign is remote to this issue. However, I do consider that the defence is clearly joined in issue that the road is inherently unsafe at that juncture, and I think therefore all records relating to events at that intersection are relevant and admissible.
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