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[2008] VSC 261
Supreme Court of Victoria
2008-02-22
CUMMINS J
Original judgment source is linked above.
Criminal law and procedure - culpable driving - evidence - cross-examination.
1 As I said to Mr Richter in submissions I am not of the school of jurisprudence which treats any minor stepping over of the line as triggering a major consequence. I think balance and fairness are essential, especially when counsel are on their feet.
2 However I do consider that Mr Richter's cross-examination in this instance is significantly beyond a mere crossing of the line. It clearly and demonstrably has joined in issue the question of the alleged confusion of Mr Towle. This statement which I have previously excluded in the interests of fairness in my view directly bears upon the issue which Mr Richter has introduced in cross-examination.
3 Accordingly I rule that the statement is admissible in re-examination.
DPP
Towle