Director of Public Prosecutions v Donohue

[2024] ACTSC 66

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

DPP v Donohue

Citation: 

[2024] ACTSC 66

Hearing Date: 

15 March 2024

Decision Date: 

15 March 2024

Before:

McCallum CJ

Decision: 

(1) Leave is granted to Legal Aid ACT to withdraw from acting for the accused person pursuant to r 4711 of the Court Procedures Rules (ACT).

Catchwords: 

CRIMINAL LAW – PRACTICE AND PROCEDURE – Application by solicitor acting for the accused for leave to withdraw – where accused charged with attempted murder – where complex pre-trial application listed for hearing in the near future – complexity and seriousness of charges explained to the accused – where accused is determined to represent himself

Legislation Cited: 

Court Procedures Rules 2006 (ACT), rr 4710, 4711

Parties: 

Director of Public Prosecutions

Flynn Donohue ( Accused)

Representation: 

Counsel

M Howe ( DPP)

E Wallis ( Accused)

Solicitors

ACT Director of Public Prosecutions

Legal Aid ACT ( Accused)

File Number:

SCC 300 of 2023

McCALLUM CJ:

1․Before the court is an application dated 13 March 2024 by which Legal Aid seeks leave pursuant to r 4711 of the Court Procedures Rules 2006 (ACT) to withdraw from acting for the accused person.

2․The accused, Mr Donohue, stands charged with attempted murder and intentional infliction of grievous bodily harm.  He has been in custody since his arrest on 18 July 2023.  The charges are serious.  With that in mind, Legal Aid saw fit to bring the application notwithstanding the fact, as plainly indicated in the affidavit in support of the application, that it is the accused's choice no longer to have legal representation in the proceedings.

3․The case statement and pre-trial questionnaire indicate that the prosecution seeks to rely on a number of alleged incidents as tendency evidence.  The allegation against the accused is that he slit a man’s throat.  The tendency evidence broadly includes allegations of prior preoccupation with knives or incidents of actual violence.  That application is listed to be heard on 28 May 2024. 

4․With that in mind, I have taken steps this morning to ensure the accused understands both the seriousness of the charges and the complexity of the tendency application.  In answer to my questions posed directly to the accused, he has indicated that he is very determined to represent himself in the proceedings.

5․In all the circumstances, leave is probably not required as, pursuant to r 4710, the solicitor is entitled to withdraw where the accused's instructions have come to an end before the proceedings are finally disposed of in the court. Nonetheless, for an abundance of caution, I grant leave under r 4711 to Legal Aid to withdraw.

Orders

6․I make the following order:

(1)Leave is granted to Legal Aid ACT to withdraw from acting for the accused person pursuant to r 4711 of the Court Procedures Rules (ACT).

I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Chief Justice McCallum

Associate:

Date: 17 April 2024