MAGISTRATES COURTS OF QUEENSLAND
CITATION:
Police v Atkinson [2013] QMC 18
PARTIES:
POLICE
(prosecution)
v
LEONARD STANLEY THOMAS ATKINSON
(defendant)
FILE NO/S:
SOUT-MAG-941/12
DIVISION:
Magistrates Courts
PROCEEDING:
Application to cross-examine a witness in a committal
ORIGINATING COURT:
Magistrates Court at Southport
DELIVERED ON:
18 June 2013
DELIVERED AT:
Southport
HEARING DATE:
12 April 2013
MAGISTRATE:
Magee KT
ORDER:
application granted
CATCHWORDS:
CRIMINAL LAW – PRACTICE AND PROCEDURE – COMMITTAL PROCEEDINGS – APPLICATION TO CROSS-EXAMINE WITNESSES – substantial reasons - interests of justice
Justices Act 1886 (Qld), s 83A(5AA), s 110B
COUNSEL:
Roberts (police officer) for prosecution
Carlin (solicitor) for defendant
SOLICITORS:
Prosecution on own behalf
Legal Aid Queensland for defendant
The defendant is charged that on 11 January 2011 at Surfers Paradise he robbed Mitchell Westhead and used other personal violence to Mitchell Westhead. This is an application under section 83A(5AA) of the Justices Act 1886 for a direction requiring the prosecution to call a number of witnesses to be made available for cross examination on their witness statements.
The prosecution has consented to cross examination of three witnesses in relation to particular matters. The applicant in addition seeks further cross examination of the witness Thompson than agreed to by the prosecution.
A direction requiring the prosecution to call witnesses to be made available for cross examination on the witness statements must not be given unless I am satisfied that there are substantial reasons why, in the interests of justice, the witness should be made available for cross examination on the witness’s written statement.[1]
[1]Section 110B(1) Justices Act 1886
It is now reasonably well settled that the provisions of section 110B(1) of the Justices Act 1886 were modelled on section 91 of the Criminal Procedure Act 1988 (NSW) and that the NSW authorities in relation to “substantial reasons” afford considerable assistance to the determination under the Queensland Legislation.[2]
A number of relevant principles may be distilled from the New South Wales authorities.
(i) The purpose of the legislation is to avoid delay by unnecessary or prolix cross examination at committal.[3]
(ii) Committal proceedings are not to provide the opportunity for a full dress rehearsal for trial. Cross examination is to be eliminated unless it is required in the interest of justice for reasons that are reasons of substance.[4]
[4]Hanna v Kearney [1998] NSWSC 227; DPP v Losurdo [1998] 44 NSWLR 618
(iii) The onus of proof is on the defence to satisfy the court that an order should be made.[5]
[5]Sim v Magistrate Corbett
(iv) Each case will depend on its own facts and circumstances. It is not possible to define exhaustively or even at all what might, in a particular case, constitute substantial reasons. The categories are not closed and flexibility of approach is required in the light of the issues that may arise…
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- AGLC
- Police v Atkinson [2013] QMC 18
- Case
- [2013] QMC 18
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the respondent had provided sufficient grounds to justify cross-examining the witnesses. The court considered the application in light of established principles, which require the respondent to demonstrate that the cross-examination was necessary to challenge the evidence, and that it would likely lead to a material outcome in the proceedings. Additionally, the court examined whether the interests of justice would be served by allowing the cross-examination, taking into account factors such as the potential impact on the witnesses, the public interest in the fair administration of justice, and the overall efficiency of the proceedings.
Upon reviewing the evidence and the arguments presented by both parties, the court found that the respondent had indeed demonstrated substantial reasons for cross-examining the witnesses. The court concluded that the cross-examination was necessary to challenge critical aspects of the evidence and that it would likely lead to a material outcome in the proceedings. Furthermore, the court determined that allowing the cross-examination was in the interests of justice, as it would contribute to a fair and thorough examination of the evidence. Consequently, the court granted the application, permitting the respondent to cross-examine the witnesses during the committal hearing.
Orders
Orders of the court
application granted
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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