| Do Not Send for Reporting | ||
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1503 of 2003
| THE QUEEN |
| v |
| PETER NORRIS DUPAS |
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JUDGE: | KAYE J. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | ||
DATE OF RULING: | 5 August 2004 | |
CASE MAY BE CITED AS: | R v Dupas (Ruling No. 6) | |
MEDIUM NEUTRAL CITATION: | [2004] VSC 287 | |
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr C. Hillman S.C. with Ms M. Williams | Ms Kay Robertson, Solicitor for Public Prosecutions |
| For the Defendant | Mr J. Montgomery with Ms C. Gwynn | Mr Domenico Conidi, Victoria Legal Aid |
HIS HONOUR:
The accused man, Peter Norris Dupas, has pleaded not guilty to one count of murder that at Somerton on 4 October 1997 he murdered Margaret Josephine Maher. The Crown case has closed. Mr J Montgomery of counsel on behalf of the accused man has submitted that he has no case to answer and that I should therefore direct the jury to acquit the accused man.
The Crown case against the accused is essentially circumstantial. There were no eyewitnesses to her death. Her deceased body was found by the side of Cliffords Road, Somerton, at about 1:45 p.m. On 4 October 1997. She was lying on her side, her lower garments had been pulled down and her upper garments had been pulled up. Her left breast had been cut off after she died and had been stuck in her mouth.
The pathologist who examined her that evening, Dr Lynch, estimated that the probable time of her death was between 9 p.m. On 3 October 1997 and 7 a.m. On 4 October 1997. He also found other injuries. One injury inflicted before death was a wound above the right eyebrow caused by blunt trauma. I shall return to the other injuries later.
Dr Lynch gave evidence as to the result of the autopsy and as to toxicological analysis of specimens taken from Ms Maher's body. He made three findings of significance.
First, he found that there were signs of compression of the neck of the deceased before her death. On external examination he noted linear petechial marking on the right side of her neck. On internal examination, when he dissected the muscles of the neck, he found a small amount of bruising on the right side of the neck in a position where the mark on the skin was; that is, near the voice box. He concluded from that that there had been some form of compression of the neck before death. Beyond that he could not be more specific and, in particular, he could not postulate what had caused or brought about the compression of the neck.
The second finding of significance by Dr Lynch was that he found that Ms Maher's coronary artery was significantly blocked and that she had quite significantly advanced coronary artery disease.
The third finding of significance was based on the toxicological analysis. That analysis showed that there were traces of methadone, methamphetamine and benzodiazepines in…
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- R v Dupas (Ruling No. 6) [2004] VSC 287
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- [2004] VSC 287
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