DPP v Xydias
[2008] VSC 142
•1 May 2008
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
CRIMINAL DIVISION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOHN XYDIAS |
JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 May 2008 | |
DATE OF RULING: | 1 May 2008 | |
CASE MAY BE CITED AS: | DPP v Xydias (Ruling No.1) | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 142 | |
RULING NO.1
CRIMINAL LAW AND PROCEDURE – rape and related offences (86 counts) – venue – removal of matter from County Court to Supreme Court – s.359(1) Crimes Act 1958 – considerations applicable.
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APPEARANCES: | Counsel | Solicitors |
| For the Director | Ms M Williams SC | Office of Public Prosecutions |
| For the Accused | Mr R Van de Wiel QC | Stephen Andrianakis & Associates |
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RULING NO.1
HIS HONOUR:
Pursuant to s.359(1) Crimes Act 1958 where in respect of any indictable offence a person has been committed for trial the Supreme Court may of its own motion on application order that the person be tried in the Supreme Court.
In this case the accused was committed on 1 April 2008 by the Melbourne Magistrates’ Court to be tried on 86 indictable counts in the County Court. Therefore it is necessary that there be an Order by this Court pursuant to s.359(1) for those matters to be tried in this Court.
The Director so applies. The criteria governing the Director are set out in s.353(8) Crimes Act 1958.
The application is not opposed.
I consider that the matters are appropriate to be heard in this Court. That is by reason of the nature, seriousness and extent of the crimes charged.
Accordingly, I order that the matters be heard in this Court. The presentment may now be filed.
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