DPP v Pace, Collins and Baker (pseudonyms)

(2015) 45 VR 276; [2015] VSCA 18

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Practice and procedure
3. › Interlocutory appeals
4. › Leave to appeal interlocutory decision
5. › Refusal to certify under s 295(3)
6. › Whether evidence if ruled inadmissible would eliminate or substantially weaken prosecution case
7. › Whether interests of justice require leave
8. › Criminal Procedure Act 2009 (Vic), ss 295, 296, 297
1. Criminal Law
2. › Practice and procedure
3. › Interlocutory appeals
4. › Fragmentation of criminal proceedings
5. › Policy against fragmentation
6. › Whether routine evidentiary rulings warrant interlocutory appeal
7. › Criminal Procedure Act 2009 (Vic), s 297(2)
1. Evidence
2. › Relevance
3. › Expert evidence
4. › Evidentiary foundation for hypothesis
5. › Whether hypothesis based on speculation
6. › Whether question to expert witness properly excluded for lack of evidentiary basis

Quick Take

The interlocutory appeal regime under the Criminal Procedure Act 2009 (Vic) is not designed for appeals against routine evidentiary rulings made in the ordinary course of a criminal trial. Leave to appeal an interlocutory decision should only be granted where there has been some error of principle which may lead justice to miscarry. A hypothesis put to the jury must have some evidentiary support beyond mere speculation or guesswork.