R v CG

[2015] QDC 229

DISTRICT COURT OF QUEENSLAND

CITATION:

R v CG [2015] QDC 229

PARTIES:

THE QUEEN

v

CG

FILE NO/S:

92/14

DIVISION:

Criminal

PROCEEDING:

Application

ORIGINATING COURT:

Bundaberg

DELIVERED ON:

18 June 2015

DELIVERED AT:

Bundaberg

HEARING DATE:

15 June 2015

JUDGE:

Smith DCJA

ORDER:

1.        I sever the count involving the complainant ER            from the indictment.

2.        The application is otherwise dismissed.

CATCHWORDS:

CRIMINAL LAW – INDICTMENT - JOINDER OF COUNTS- whether counts should be severed – whether the evidence of one complainant is admissible concerning the other complainants- discretion to sever

Criminal Code 1899 (Q) ss 567, 590AA, 597A

De Jesus v R (1986) 68 ALR 1

Phillips v R (2006) 225 CLR 303

Pfennig v R (1995) 182 CLR 461

R v MAP [2006] QCA 220

R v MAY [2007] QCA 333

R v R [1997] QCA 277

COUNSEL:

Mr J. McInnes for the defendant

Mr C. Wallis for the Crown

SOLICITORS:

Legal Aid Office (Q) for the defendant

Office of the Director of Public Prosecutions for the Crown

Introduction

1. This is an application pursuant to s 590AA of the Criminal Code by the defence to sever counts on an indictment presented against the defendant.

Charges

1. The defendant is charged with the following counts:

(a)        rape of KC at Elliott Heads on date unknown between 20 February 2002 and 30 November 2003 (count 1);

(b)        indecent treatment of JC at Elliott Heads on a date unknown between 20 February 2002 and 30 November 2003 (count 2);

(c)        rape of JC at Elliott Heads on a date unknown between 20 February 2002 and 30 November 2003 (count 3);

(d)        indecent treatment of JC at Toowoomba on a date unknown between 20 February 2002 and 31 December 2004 at Toowoomba (count 4);

(e)        indecent treatment of JC at Burnett Heads on a date unknown between 12 March 2003 and 31 December 2005 (count 5);

(f)        rape of ER on a date unknown between 1 January 2006 and 30 June 2007 at Millbank (count 6).

1. The basis of the application by the defence is that separate trials should be ordered in the exercise of the court’s discretion under s 597A of the Code.

Background

1. The applicant is known to all three children through his relationship with TC the older sister of KC and JC and the aunt of ER. TC first met the defendant when she was 19 years of age in 1997 and was living with her parents and siblings in Helidon New South Wales. KC had known the defendant since she was a young child and JC knew the defendant since she was about 10 years of age. TC and the defendant had four children together.

Allegations by KC

1. KC was born on 29 December 1987.

1. KC firstly gives evidence of some uncharged acts. She alleges that when she was between 13 and 14 and she visited the defendant and TC who lived in Griffith and stayed with them in their unit.

1. Uncharged act number 1 involves an incident where…