DPP v Towle (Ruling no 9)
[2008] VSC 263
•27 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. 9
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF RULING: | 27 February 2008 | |
CASE MAY BE CITED AS: | DPP v Towle (Ruling No 9) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 263 | |
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Criminal law and procedure – culpable driving – evidence – flight – consciousness of guilt.
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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. 9
HIS HONOUR:
I do not consider I should leave flight before the jury on the doctrinal basis of consciousness of guilt. I will give my reasons later. Therefore, the question arises what ought to be said about the matter, meaning about the evidence, of fleeing the scene other than in relation to Counts 11 and 12. I think care needs to be given to that, as Mr Gamble correctly has said, and I think I ought to have the benefit of Mr Gamble's and Mr Richter's submissions on that residual matter when counsel have had time to consider it.
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