VICVSC
DPP v Esso Australia Pty Ltd [2001] VSC 101
[2001] VSC 101
Supreme Court of Victoria|2001-02-06|Before: Cummins J
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Source factsCourt
Supreme Court of Victoria
Decision date
2001-02-06
Before
Cummins J
Source
Original judgment source is linked above.
Judgment (5 paragraphs)
[2]
CRIMINAL LAW - practice and procedure - charges under ss. 21, 22 and 47 Occupational Health and Safety Act 1985 presentment - preliminary submissions.
[3]
- I am against Mr Titshall's objection. I consider I should hear further argument on the matter of the proposed filing over of the 11 count presentment. My concern has been and is to ensure that this trial is set up structurally properly at its outset. I have thus directed Mr Richter's mind to a number of matters as to the original presentment which have concerned me, having had the benefit of Mr Titshall's most comprehensive and helpful submissions recently. There has been no application by Mr Titshall to stay the whole 21 count presentment for abuse of process. Rather, his submissions have been that various counts in one form or another ought to be struck out or not proceeded with because they are duplicitous or uncertain. Mr Richter has had the opportunity of hearing those arguments over an adjournment and has now returned with an 11 count presentment. He applies for leave to file over an 11 count presentment in lieu of the 21 count presentment. In order to consider that application I need to hear his arguments about the 11 count presentment and in a moment I shall do so.