Category Archives: !! Part 2.01

The Queen v Butler (Rulings 1-10) [2013] VSC 688 (13 December 2013)

http://www.austlii.edu.au/au/cases/vic/VSC/2013/688.html

CRIMINAL LAW – Ruling No 1: Alleged dismembering, burning and disposal of body – Driving of deceased’s car to Queensland and disposing of same – Alleged lies in record of interview – Whether evidence of incriminating conduct – Foreshadowed ruling – Deferral of ruling until after accused arraigned – Jury Directions Act 2013 (Vic), ss 23 & 34 and Schedule – Criminal Procedure Act 2009 (Vic), s 210;

Ruling No 2: Manner of administering oaths or affirmations to jurors – Juries Act 2000 (Vic), s 42 & Schedule 3 – Evidence (Miscellaneous Provisions) Act 1958 (Vic), Part IV, Division 2 & Part 1 of Third Schedule – Evidence Act 2008 (Vic), Chapter 2, Part 2.1, Division 2 & Schedule 1 – Error in discharging first jury;

Ruling No 3: Release of transcript of trial – Suppression order – Supreme Court Act 1986 (Vic), ss 18 & 19;

Ruling No 4: Crown application to cross-examine own witness – Evidence Act 2008 (Vic), ss 38 & 60 – Application granted;

Ruling No 5: Closure of court for witness’s evidence of child sexual abuse;

Ruling No 6: Application to lead evidence of alleged lies as evidence of incriminating conduct – Application refused;

Ruling No 7: Application to withdraw evidence of key witness from jury – Rozenes v Beljajev [1995] VicRp 34; [1995] 1 VR 533; Dupas v The Queen (2012) 218 A Crim R 507; Evidence Act 2008 (Vic), s 137 – Application refused;

Ruling No 8: Submission of no case to answer – Submission rejected;

Ruling No 9: Application for Prasad invitation – Application granted – Verdict of not guilty returned;

Ruling No 10: Hearsay – Application to limit use of evidence – Evidence Act 2008 (Vic), ss 60, 65 & 136 – Unnecessary to determine application.