[2008] VSC 240
General information, not legal advice.
Supreme Court of Victoria
2008-05-12
CUMMINS J
Original judgment source is linked above.
Criminal law and procedure - murder - evidence - admissibility.
1 I consider the evidence is not admissible. I agree with Mr Sarah that the evidence is speculative and ought not be led. It also could be prejudicial but the antecedent matter logically is that it is speculative and therefore lacks probative quality. That is because the matter relied upon by the prosecution does not on its face bear upon the issues between the prosecution and the defence. Clearly it could relate to a number of matters. It is not an argument with or even a glaring at the deceased. It is four to six weeks before. I consider the matter is not admissible. Accordingly I exclude it.
DPP
Glascott