R v Crawford, Patea and Patea - [2018] QSC 122

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 2018

DIVISION:

Trial Division

PROCEEDING:

Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

29 May 2018

DELIVERED 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 103

COUNSEL:

G P Cash QC for the Crown

D James for Aaron John Crawford
S Lynch for Lionel John Patea
A Edwards for Nelson Andrae Patea

SOLICITORS:

Office of the Director of Public Prosecutions (Qld) for the Crown

Lawler Magill for the Aaron John Crawford
Moloney MacCallum Abdelshahied Lawyers for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] QSC 122
Decision Date: 29 May 2018

CaseChat Overview and Summary

Lionel Patea, Crawford and Nelson Patea were involved in a conspiracy to assault a victim who was lured to a meeting with the intention of causing him harm. The victim was assaulted by multiple assailants, including the three prisoners, using various weapons and objects. The victim’s hands were bound while unconscious, and he ultimately died from his injuries. The legal issues in the case revolved around determining the appropriate charges and levels of culpability for each prisoner involved in the assault and subsequent death.

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