SUPREME COURT OF QUEENSLAND
CITATION:
R v Crawford, Patea & Patea [2018] QSC 122
PARTIES:
THE QUEEN
(prosecution)
v
AARON JOHN CRAWFORD(prisoner)
and
LIONEL JOHN PATEA
(prisoner)
and
NELSON ANDRAE PATEA
(prisoner)
FILE NO/S:
Indictment No 803 of 2017
File No 735 of 2018DIVISION:
Trial Division
PROCEEDING:
Sentence
ORIGINATING COURT:
Supreme Court at BrisbaneDELIVERED EX TEMPORE ON:
29 May 2018DELIVERED AT:
Brisbane
HEARING DATE:
29 May 2018
JUDGE:
Burns J
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – HOMICIDE – MURDER – where the prisoner, Lionel Patea, pleaded guilty to murder – where the victim was lured to a meeting with the object of assaulting him – where the victim was assaulted by a group of men including Lionel Patea – where the assault included the use of weapons or objects – where the victim’s hands were bound whilst unconscious – where the victim subsequently died from his injuries – where the basis of the plea of guilty to murder was that Lionel Patea intended to cause grievous bodily harm – where Lionel Patea had previously been convicted of murder
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – HOMICIDE – MANSALUGHTER – where the prisoners, Crawford and Nelson Patea, pleaded guilty to manslaughter – where the victim was lured to a meeting with the object of assaulting him – where the victim was assaulted by a group of men including Crawford and Nelson Patea – where the assault included the use of weapons or objects – where the victim’s hands were bound whilst unconscious – where the victim subsequently died from his injuries – the basis for the pleas of guilty was that unlawful killing was a probable consequence of the plan to assault him
CRIMINAL LAW – PARTICULAR OFFENCES – MISCELLANEOUS OFFENCES AND MATTERS – MISCONDUCT WITH REGARD TO CORPSES – where the prisoner, Crawford, pleaded guilty to misconduct with regard to a corpse – where the victim was lured to a meeting with the object of assaulting him – where the victim was assaulted by a group of men including Crawford – where the assault included the use of weapons or objects – where the victim’s hands were bound whilst unconscious – where the victim subsequently died from his injuries – where threats were used by Crawford to secure assistance in disposing of the victim’s body – where the victim’s body was incinerated leaving no remains
Corrective Services Act 2006 (Qld), s 182
R v Hicks & Taylor [2011] QCA 207
R v Lincoln; R v Kister; R v Renwick [2017] QCA 37
R v WAW [2013] QCA 22
R v Welham & Martin [2012] QCA 103COUNSEL:
G P Cash QC for the Crown
D James for Aaron John Crawford
S Lynch for Lionel John Patea
A Edwards for Nelson Andrae PateaSOLICITORS:
Office of the Director of Public Prosecutions (Qld) for the Crown
Lawler Magill for the Aaron John Crawford
Moloney MacCallum Abdelshahied Lawyers for…
Keep reading for free
Create a free CaseChat account to read R v Crawford, Patea and Patea and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] QSC 122
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the actions of Lionel Patea amounted to murder, considering that he pleaded guilty with the basis that he intended to cause grievous bodily harm. The court also had to assess the pleas of Crawford and Nelson Patea, who pleaded guilty to manslaughter, and whether their actions warranted a charge of unlawful killing given the probable consequences of their assault. Additionally, the court needed to evaluate Crawford's plea of guilty to misconduct with regard to a corpse, considering the threats he used to secure assistance in disposing of the victim's body and the subsequent incineration of the body.
In its reasoning, the court found that Lionel Patea's plea of guilty to murder was supported by his intention to cause grievous bodily harm, despite the death resulting from the assault. The court accepted the pleas of Crawford and Nelson Patea to manslaughter, acknowledging that their actions, while not premeditated to cause death, resulted in a probable consequence of unlawful killing. The court also accepted Crawford's plea of guilty to misconduct with regard to a corpse, noting the use of threats to dispose of the victim's body and the incineration that left no remains.
The final orders of the court reflected the convictions and charges as pleaded by the defendants. Lionel Patea was convicted of murder, while Crawford and Nelson Patea were convicted of manslaughter. Crawford also received a conviction for misconduct with regard to a corpse.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.