Police v Strickland

[2012] QMC 3

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Police v Strickland [2012] QMC 3

PARTIES:

POLICE

(prosecution)

v

LESLIE CALVIN STRICKLAND

(defendant)

FILE NO/S:

MAG56560/11(4)

DIVISION:

Magistrates Courts

PROCEEDING:

Charge

ORIGINATING COURT:

Magistrates Court at Mareeba

DELIVERED ON:

6 February 2012

DELIVERED AT:

Mareeba

HEARING DATE:

3 November 2011, 4 November 2011

MAGISTRATE:

Braes TJ

ORDER:

Charge dismissed, defendant discharged.

CATCHWORDS:

CRIMINAL LAW – OFFENCES AGAINST PEACE AND PUBLIC ORDER – what constitutes public nuisance – adequacy of particulars

Summary Offences Act 2005 (Qld), s 6

COUNSEL:

Armitage (senior constable) for prosecution

Veschetti (solicitor) for defendant

SOLICITORS:

Prosecution on own behalf

1. Offence -Section 6 Summary Offences Act 2006 commit public nuisance.

1. Leslie Calvin Strickland has pleaded not guilty to one charge of committing a public nuisance offence.

1. In order for me to find Mr Strickland guilty of the charge I must be satisfied that all the elements of the charge have been proven to the standard required, that being beyond a reasonable doubt. The onus of proving those elements and of negativing any excuse raised to such standard is, of course, upon the prosecution. Should the prosecution fail to prove those elements to the standard required, then I must of necessity acquit Mr Strickland of the charge.

1. At the commencement of the hearing Ms Veschetti, solicitor representing Mr Strickland, confirmed the elements of date, time and place were admitted.

1. Ms Veschetti said the issue to be determined by me would be one of identity, Mr Strickland denying he was the person responsible for the acts complained of.

1. At the conclusion of the hearing I was provided with a letter of 2 November 2011 written by Senior Constable Sharron Armitage who prosecuted this matter setting out particulars of the offence charged. Those particulars identify the relevant provision of the legislation as Section 6 of the Summary Offences Act 2006. The time date and place were particularised as “between 0030 HRS - 0130 HRS, 1 January 2010, Byrnes Street Mareeba in the State of Queensland”.

1. The following further particulars were provided –

“It will be alleged that at the abovementioned time, date and place the defendant Strickland behaved in a manner which constituted a public nuisance by using obscene language, by acting in a threatening manner and acting in a violent manner and such other matters as may on the evidence in the opinion of the court constitute public nuisance.”

These acts are then further particularised with reference to the evidence.

“It will be further alleged that defendant Strickland was seen and heard by numerous witnesses including police officers punching his chest, yelling to Aboriginal men to come and fight him using words to the effect of “come on cunts, come on” and “fuck off I’m going to kill those cunts”. Strickland was observed fighting Aboriginal men and pushing an Aboriginal person in the chest. Strickland also told police officers “fuck off cunt”.

1. No objection was taken at the commencement or throughout the hearing as to the adequacy of the particulars given. The…