SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Chute (No 10) |
Citation: | [2019] ACTSC 73 |
Hearing Dates: | 19, 20 and 21 March 2019 |
DecisionDate: | 28 March 2019 |
Before: | Mossop J |
Decision: | The accused is found not guilty on count 1 and 13. The proceedings are adjourned. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Historical child sexual offences – special hearing due to unfitness to plead – special hearing conducted by judge alone – allegations of indecent assault and commission of an act of indecency – whether proved beyond reasonable doubt that accused “engaged in the conduct required for the offence charged” – evidence of complainants not challenged |
Legislation Cited: | Crimes Act 1900 (ACT), ss 79, 81, 92K, 92K(2), 316, 316(1), 316(6), 316(7), 316(8), 316(9), 316(9)(c), 317, 317(3), 317(4), 318, 318(2), 319, 319(2), Pt 3 Crimes (Amendment) Act (No 5) 1985 (ACT) Supreme Court Act 1933 (ACT), ss 68C, 68C(2), 68C(3) |
Cases Cited: | AK v Western Australia [2008] HCA 8; 232 CLR 438 Fleming v The Queen [1998] HCA 68; 197 CLR 250 |
Texts Cited: | Explanatory Statement, Crimes Amendment Bill (No 2) 2004 (ACT) |
Parties: | The Queen (Crown) John William Chute (Accused) |
Representation: | Counsel K Lee (Crown) G Walsh (Accused) |
| Solicitors ACT Director of Public Prosecutions (Crown) Greg Walsh & Co (Accused) | |
File Number: | SCC 178 of 2016 |
MOSSOP J:
Introduction
John William Chute has been subject to a special hearing under s 316 of the Crimes Act 1900 (ACT). That has taken place because he was found unfit to plead: R v Chute [2017] ACTSC 246.
On the assumption that these proceedings are “sexual offence proceedings” (as to which see [38] below), s 74 of the Evidence (Miscellaneous Provisions)Act 1991 (ACT) prohibits publication of the complainant’s identity or a reference or allusion from which the complainant’s identity might reasonably be worked out. Because of the potential application of that provision, the names of complainants and witnesses who gave complaint evidence have been anonymised.
The accused had a religious name of Brother Kostka. The witnesses referred to him as such. In these reasons he is referred to as the accused…
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- R v Chute (No 10) [2019] ACTSC 73
- Case
- [2019] ACTSC 73
- Decision Date
CaseChat Overview and Summary
The central legal issue revolved around the burden of proof in a special hearing. The court had to assess whether the prosecution met its onus to establish the essential elements of the alleged offences. The accused did not challenge the evidence presented by the complainants, which described the incidents in detail. This left the court to focus on the applicability of the evidence to the statutory criteria for a conviction.
The court found that the prosecution had not met the requisite burden of proof for two of the charges, leading to a not guilty verdict on counts 1 and 13. The remaining charges were not addressed in the ruling, and the proceedings were adjourned, leaving open the possibility for further legal action on the unresolved counts. The decision underscores the high threshold for conviction in special hearings and the importance of clear and compelling evidence in such proceedings.
Orders
Orders of the court
The accused is found not guilty on count 1 and 13. The proceedings are adjourned.
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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