R v Belford and Bound

[2009] QSC 344

SUPREME COURT OF QUEENSLAND

CITATION:

R v Belford & Bound [2009] QSC 344

PARTIES:

R
v
RAYMOND JOHN BOUND
(applicant)
and
LOCHLAN-LEE BRETT BELFORD

FILE NO:

234 of 2009

DIVISION:

Trial Division

PROCEEDING:

Pre-trial hearing

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

2 November 2009

DELIVERED AT:

Brisbane

HEARING DATE:

23 October 2009

JUDGE:

Applegarth J

ORDER:

Application dismissed

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – INFORMATION, INDICTMENT OR PRESENTMENT – JOINDER – JOINT OR SEPARATE TRIAL – GENERALLY – where the applicant is jointly charged with murder – where co-accused made statements to  police about violent acts by the applicant to the deceased on the night he died – where co-accused made statements to the police that the applicant was dishonest, fought with others and dealt in drugs – whether the prosecution case against the applicant is a weaker case which would be made immeasurably stronger by the inadmissible evidence – whether risk of prejudice from statements that are inadmissible against the applicant can be obviated by directions to the jury

Criminal Code (Qld), s 597B

Ali v The Queen (2005) 214 ALR 1, cited
Baartman, unreported, New South Wales Court of Criminal Appeal, 6 October 1994, cited
Gilbert v The Queen (2000) 201 CLR 414, cited
Jones v R (2009) 254 ALR 626, considered
R v Davidson [2000] QCA 39, cited
R v Gibb & McKenzie [1983] 2 VR 155, applied
R v Piller (1995) 86 A Crim R 249, applied
R v Roughan and Jones (2007) 179 A Crim R 389; [2007] QCA 443, applied
Webb v The Queen (1994) 181 CLR 41, applied
Winning v R [2002] WASCA 44, cited

COUNSEL:

D R Lynch for the applicant
V A Loury for the respondent
M A Green for the co-defendant Belford

SOLICITORS:

Walker Pender solicitors for the applicant
Department of Public Prosecutions (Qld) for the respondent
Legal Aid Queensland for the co-defendant Belford

1. The applicant, Raymond John Bound (“Bound”) applies for a direction or ruling that his trial be heard separately from his co-accused, Lochlan-Lee Brett Belford (“Belford”).[1]  Bound and Belford are charged that on 6 January 2008 they murdered Wayne Leslie Williams (“the deceased”) in Belford’s room at the Rising Sun Hotel at Rosewood.  The Crown case is that either Belford or Bound killed the deceased, or they did so in combination, with an intent to kill or cause at least grievous bodily harm.  If either of them killed the deceased, then the other is alleged to be criminally responsible under s 7(1)(b) or (c) in having aided with knowledge of the killer’s intent.

   [1]The application is made pursuant to s 590AA of the Criminal Code in respect of a trial listed to commence on 7 December 2009.

1. Bound submits that a joint trial would be unfair and result in positive injustice to him because:

(a)the evidence against him is significantly weaker than and different to that admissible against his co-accused;

(b)the evidence against his…