A presentment is validly 'made' under s.353(1) of the Crimes Act 1958 (Vic) where it is signed by a Crown Prosecutor and filed in court on his behalf, even if the back sheet bears misleading endorsements suggesting it was filed by the Commonwealth DPP. The substance of the filing, not the form of the endorsement, determines validity. The Jones v Dunkel principle cannot be applied against the Crown without qualification, and a trial judge is not bound to give a direction concerning the Crown's failure to call witnesses who were accomplices and whose evidence was not designedly withheld.
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