DPP v Towle (Ruling no 7)

Case

[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:

  1. 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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