Brown v The Queen - [2008] NTSC 14

Brown v The Queen [2008] NTSC 14
PARTIES:BROWN, Leigh Francis
v

THE QUEEN

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION:  SUPREME COURT OF THE TERRITORY EXERCISING GENERAL JURISDICTION
FILE NO:20702873
DELIVERED:  28 MARCH 2008
HEARING DATES:  25 & 28 MARCH 2008
JUDGMENT OF:  ANGEL J
REPRESENTATION:
Counsel:
Applicant:C McDonald QC
Respondent:  M Thomas & E Farquhar
Solicitors:
Applicant:Robert Welfare
Respondent:  Office of the Director of Public Prosecutions
Judgment category classification:    C
Judgment ID Number:  Ang200803
Number of pages:  10

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN
Brown v The Queen [2008] NTSC 14

No. 20702873
BETWEEN:

LEIGH FRANCIS BROWN

Applicant

AND:

THE QUEEN

Respondent

CORAM: ANGEL J
REASONS FOR JUDGMENT
(Delivered 28 March 2008)

This is an oral application for leave to withdraw a plea of guilty to a charge of aggravated unlawful assault contrary to s 188(1) and (2)(a) Criminal Code (NT) entered by the applicant upon his arraignment before Eames AJ on 20 November 2007.
The history of the matter is as follows.
On 16 July 2007 the Crown filed and served an indictment charging the applicant with aggravated unlawful assault the circumstance of aggravation alleged being that the victim suffered serious harm contrary to s 181 Criminal Code (NT). A five day trial was listed to commence on 19 November 2007.
On 29 October 2007 the trial date of 19 November 2007 was confirmed before Riley J.
On 9 November 2007 Mr Read then counsel for the applicant indicated to Eames AJ that the matter may be disposed of by way of a plea, a plea on disputed facts or a trial. The matter was listed for further mention on 13 November 2007.
On 13 November 2007 Mr Tippett QC then counsel for the applicant indicated to Eames AJ that there was no need for a trial but the matter would proceed as a plea on disputed facts. It was listed for hearing on 20 and 21 November 2007.
On 20 November 2007 the applicant was arraigned on a fresh indictment of that date charging the applicant that on 14 January 2007 at Adelaide River in the Northern Territory of Australia he unlawfully assaulted Dale John Smith aggravated by the circumstance that Dale John Smith suffered harm contrary to s 188 (1) and (2)(a) Criminal Code (NT). To that charge the applicant pleaded guilty. The Crown facts were read to the court and formally admitted by Mr Tippett QC on behalf of the applicant. A victim impact statement, the applicant’s prior criminal history and certain photographs were tendered in evidence on the plea. Submissions were heard and character references tendered to the court on behalf of the applicant. At the conclusion of the hearing the matter was adjourned to 28 November 2007 for sentence.
On 28 November 2007 Mr Tippett QC and Mr Read sought and were granted leave to withdraw from the record their instructions having been withdrawn.
As is apparent from the transcript of proceedings on 28…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Brown v The Queen

Details

AGLC: Brown v The Queen [2008] NTSC 14
Case: [2008] NTSC 14
Decision Date: 28 MARCH 2008

CaseChat Overview and Summary

Brown v The Queen is a case in which the applicant, Leigh Francis Brown, sought to withdraw his plea of guilty to aggravated unlawful assault. The case was heard in the Supreme Court of the Northern Territory, exercising its general jurisdiction. The legal issues the court was required to decide were whether the applicant had established a miscarriage of justice, and whether the plea of guilty was entered into under circumstances that would make it unjust to hold him to the plea. The court considered the evidence and submissions presented by the applicant's counsel and concluded that there was no miscarriage of justice and that the plea of guilty was entered into voluntarily and with full understanding of the consequences. The court also found that the applicant had not shown that it would be unjust to hold him to his plea of guilty. Therefore, the application for leave to withdraw the plea of guilty was dismissed, and the case was referred to the Criminal Registrar for re-listing for hearing of submissions on the plea. The court also invited the parties to discuss any further orders or matters that needed to be addressed.

Orders