DPP v Glascott

[2008] VSC 242

1 In the circumstances I consider the matter should proceed for the reasons I discussed with Mr Sarah, namely number one, the general position of the accused is that he was not present at the scene and had nothing to do with the shooting, and that has not changed; and second, in the specific matter in relation to enquiring about a gun, the defence position is that the accused did make that enquiry but it was not a serious enquiry and that position has not changed either.

2 In all the circumstances, assuming that the Presser criteria are satisfied, as Mr Sarah responsibly says he considers they are, I consider the trial ought proceed.