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Knight v The Queen

Knight v The Queen

Case [2019] VSC 796 4 December 2019

Interlocutory Orders

Abuse of Process

Vexatious Proceedings Act 2014 (Vic)

Criminal Law

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IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

S ECI 2018 03025

JULIAN KNIGHT	Proposed Applicant
v
THE QUEEN	Proposed Respondent

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JUDGE:	Richards J
WHERE HELD:	Melbourne
DATE OF HEARING:	On the papers, pursuant to s 63 of the Vexatious Proceedings Act 2014 (Vic)
DATE OF JUDGMENT:	4 December 2019
CASE MAY BE CITED AS:	Knight v The Queen
MEDIUM NEUTRAL CITATION:	[2019] VSC 796

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PRACTICE AND PROCEDURE – General litigation restraint order – Application for leave to commence interlocutory application for order that proposed applicant have full-time access to computer, in order to prepare proposed appeal – Proposed appeal apparently hopeless – Leave to file further material – Vexatious Proceedings Act 2014 (Vic), ss 3, 6, 30, 54, 55, 56, 58 – Criminal Procedure Act 2009 (Vic), s 313.

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APPEARANCES:	Counsel	Solicitors
For the Proposed Applicant	No appearance
For the Proposed Respondent	No appearance

HER HONOUR:

Julian Knight is a prisoner detained at Port Phillip Prison. He pleaded guilty on 28 October 1988 to seven counts of murder and 46 counts of attempted murder, committed by him in Hoddle Street, Clifton Hill on 9 August 1987. On 10 November 1988, Mr Knight was sentenced by Hampel J of this Court to life imprisonment in respect of each of the seven counts of murder, with a minimum term of 27 years, during which he would not be eligible for parole.[1] The sentencing judge noted Mr Knight’s co-operation with investigating police and his plea of guilty as ‘significant mitigatory factors’,[2] although these were ‘outweighed by the nature and multiplicity’ of his crimes and ‘the requirement that the sentences must be proportionate to the crimes’.[3]
[1]R v Knight [1989] VR 705. A sentence of 10 years’ imprisonment was imposed for each of the 46 counts of attempted murder, to be served concurrently with each other and with the life sentences.
[2]R v Knight [1989] VR 705, 709-710.
[3]R v Knight [1989] VR 705, 710.

On 19 October 2004, Mr Knight was declared a vexatious litigant.[4] Since 30 August 2016, he has been subject to an indefinite general litigation restraint order, under Pt 4 of the Vexatious Proceedings Act 2014 (Vic).[5] The effect of this order is that Mr Knight must not, without leave, commence any proceeding, whether civil or criminal, in a Victorian court or tribunal.[6]
[4]Attorney-General v Knight [2004] VSC 407.
[5]Attorney-General for the State of Victoria v Knight [2016] VSC 488.
[6]Vexatious Proceedings Act 2014 (Vic), ss 6(1) and 30(1).

Mr Knight has applied, under s 54 of the Vexatious Proceedings Act, for leave to commence an application under s 313 of the Criminal Procedure Act 2009 (Vic) for an extension of time within which to appeal against his conviction and sentence, as well as leave to file an appeal against his conviction[7] and an appeal against the sentence imposed.[8] He also seeks an interlocutory order against the General Manager of Port Phillip Prison…

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 Knight v The Queen

Details

AGLC: Knight v The Queen [2019] VSC 796
Case: [2019] VSC 796
Decision Date: 4 December 2019

CaseChat Overview and Summary

In the matter of Knight v The Queen, the applicant, Knight, sought leave to commence an interlocutory application for a general litigation restraint order. This order would allow Knight to have full-time access to a computer, enabling him to prepare his appeal against a conviction and sentence. The appeal was considered to be without merit. The legal issues before the court were whether the proposed application would be an abuse of process and whether it was vexatious under the Vexatious Proceedings Act 2014 (Vic).

The court examined the provisions of the Vexatious Proceedings Act 2014 (Vic) and the Criminal Procedure Act 2009 (Vic) to determine whether Knight's application was vexatious. The court noted that the appeal appeared to be without merit and that Knight had made similar applications in the past. The court found that the application was likely to be vexatious and an abuse of process, given the apparent hopelessness of the appeal and Knight's history of making similar applications. The court also considered the potential impact on the administration of justice and the need to prevent unnecessary waste of time and resources.

Consequently, the court refused Knight's application for leave to commence the interlocutory application for a general litigation restraint order. The court emphasised the importance of preventing vexatious litigation and protecting the integrity of the judicial process. The court ordered that Knight pay the costs of the application.

Orders