DPP v Towle (Ruling no 8)
[2008] VSC 265
•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. 8
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 26 February 2008 | |
CASE MAY BE CITED AS: | DPP v Towle (Ruling No 8) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 265 | |
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Criminal law and procedure – failing immediately to stop motor vehicle – recklessly placing children in danger of serious injury – case to answer.
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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. 8
HIS HONOUR:
I consider on the basis of the evidence led and inferences properly opened upon evidence available to be accepted by a jury and applying the standard of proof applicable to a "no case" submission, that there is a case for the accused to answer first on Count 11, failing to immediately stop the vehicle, and on Counts 13 and 14, recklessly placing Samantha and Thomas in danger of serious injury.
Accordingly, I rule there is a case to answer. I will publish my reasons.
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