R v AAM; ex parte

[2010] QCA 305

SUPREME COURT OF QUEENSLAND

CITATION:

R v AAM; ex parte A-G (Qld) [2010] QCA 305

PARTIES:

R
v
AAM
(petitioner/appellant)
EX PARTE ATTORNEY-GENERAL OF
QUEENSLAND

FILE NO/S:

CA No 74 of 2010
CA No 75 of 2010
CA No 76 of 2010
CA No 77 of 2010
CA No 78 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Reference under s 672A Criminal Code

ORIGINATING COURT:

Magistrates Court at Toowoomba

DELIVERED ON:

5 November 2010

DELIVERED AT:

Brisbane

HEARING DATE:

11 October 2010

JUDGES:

McMurdo P, White JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Allow the appeals1.  

Set aside the convictions or findings of guilt in respect of the following offences:2.  

Name of offence	Date offence was committed	Date of conviction in Toowoomba Magistrates Court
Unauthorised dealing with shop goods (x9)	3 September 2001	21 September 2001
	16 October 2001	14 December 2001
	16 October 2001	14 December 2001
	22 October 2001	14 December 2001
	5 November 2001	14 December 2001
	22 November 2001	14 December 2001
	21 February 2002	10 April 2002
	21 February 2002	10 April 2002
	2 April 2002	8 May 2002
Stealing (x3)	Between 8 October 2001 and 22 October 2001	14 December 2001
	16 October 2001	14 December 2001
	10 February 2003	24 March 2003
Breach of probation  order	Unknown	10 April 2002
Possessing property which may reasonably be suspected of being tainted property	5 November 2001	14 December 2001
Possession of property suspected stolen or unlawfully obtained	2 April 2002	8 May 2002

3. Instead, in each case direct that judgments and verdicts of acquittal be entered.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARDON, COMMUTATION OF PENALTY, REFERENCE ON PETITION FOR PARDON AND INQUIRY AFTER CONVICTION – REFERENCE TO COURT – appellant pleaded guilty in the Toowoomba Magistrate's Court to several property offences and breaching a probation order between 2001 and 2003 – appellant charged with further offences and Mental Health Court found that, in respect of those offences, appellant was 'unfit for trial and that that unfitness is of a permanent nature' under s 270 and s 271 Mental Health Act 2000 (Qld) – Attorney-General referred the appellant's case to the Court of Appeal under s 672A(a) Criminal Code 1899 (Qld) – whether the appellant was unfit to plead at the time she pleaded guilty to and was sentenced for the 2001-2003 offences – whether a miscarriage of justice has occurred – whether convictions should be set aside

Constitution of Queensland 2001 (Qld), s 36
Criminal Code 1899 (Qld), s 613, s 672(a)
Mental Health Act 2000 (Qld), s 240(3), s 247(2), s 256,
s 257(3), s 270, s 271

Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29, cited
Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited
R v Daley; ex parte A-G(Qld)[2005] QCA 162, cited
R v Main; ex…