DPP v White (Ruling no 4)

[2008] VSC 285

IN THE SUPREME COURT OF VICTORIA
CRIMINAL DIVISION		Not Restricted

No. 1568 of 2007

DIRECTOR OF PUBLIC PROSECUTIONS

v

LEE WHITE

Ruling No. 4

JUDGE:	Cummins J
WHERE HELD:	Wodonga
DATE OF HEARING:	16 June 2008
DATE OF RULING:	16 June 2008
CASE MAY BE CITED AS:	DPP v White (Ruling No. 4)
MEDIUM NEUTRAL CITATION:	[2008] VSC 285

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Criminal law and procedure – intentionally causing serious injury – issues for jury.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A Tinney	Office of Public Prosecutions
For the Accused	Mr J Desmond	Kerry Clancy Solicitor

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Ruling No. 4

HIS HONOUR:

1. I think I will not put the third scenario to the jury in terms.  The jury will have the directions as to law.  They can apply the directions of law to the facts as they find them, bearing in mind that they must not speculate, which is also a direction of law. 

1. There are a number of permutations and possibilities.  I must say most of them appear to me to be speculative, but No.3 does not appear to me to be speculative;  it appears to me to arise directly on the evidence

1. However, Mr Desmond has made an analytically separate and subsequent point, namely, whether or not the matter arises properly on the evidence and is not speculation.  The issue has not been joined by the parties and it is inappropriate, if not unfair, for the matter now to be put in stark and clear terms before the jury and I think in terms of trial management and fairness that submission is right.  So even though intellectually it arises, I think fairness renders me mute on the point.

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