R v Dibble - [2013] QDC 120

DISTRICT COURT OF QUEENSLAND

CITATION:	R v Dibble [2013] QDC 120
PARTIES:	R v Samyal James DIBBLE
FILE NO/S:	501/13
DIVISION:	Criminal
PROCEEDING:	Pre-Trial Application
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	29 May 2013
DELIVERED AT:	Brisbane
HEARING DATE:	16 May 2013
JUDGE:	Kingham DCJ
ORDERS:	1. The prosecution of the indictment is permanently stayed.
CATCHWORDS:	CRIMINAL LAW – CRIMINAL RESPONSIBILITY – DOUBLE JEOPARDY – S16 Criminal Code (Qld) - Where the defendant was convicted of the summary offence of public nuisance – where the offence was constituted by the defendant behaving violently towards the complainant – where the prosecution alleged the complainant thereby sustained injuries satisfying the definition of grievous bodily harm – whether the defendant’s punishment for the public nuisance offence was a bar to prosecution for grievous bodily harm CRIMINAL LAW – ABUSE OF PROCESS – STAY OF INDICTMENT – S16 Criminal Code (Qld) – Where the defendant relied on s16 as a bar to prosecution – whether a stay should be granted if s16 applies. Criminal Code (Qld) ss 16 & 17 Connolly v Meagher (1906) St R Qd 125, cited. Pearce v The Queen (1998) 194 CLR 610, cited. The Queen v Miles (1890) 24 QBD 423, cited. Wemyss v Hopkins (1875) LR 10 QB 378, cited. R v Gordon ex parte Attorney-General (1975) Qd R 301, cited. R v Hull (No 2) [1902] St R Qd 53, cited. R v O’Loughlin [1971] 1 SASR 219, cited. R v Tricklebank [1994] 1 Qd R 330, applied.
COUNSEL:	Ms. D. Balic for the Crown. Mr. A.S. Vasta QC with Ms. K. Payne for the Defendant.
SOLICITORS:	Office of the Director of Public Prosecutions of Queensland for the Crown Fraser Power Lawyers for the Defendant.

In the early hours of 30 December 2011, on a footpath in Roma, police observed Mr Dibble swinging haymaker style punches at the complainant, who was lying on the ground, trying to protect his head from further blows, while another man tried to stop the attack. Others at the scene witnessed Mr Dibble’s violent conduct towards the complainant. Police intervened.
Mr Dibble was taken to the Roma Watch house where he was charged with committing a public nuisance. He was required to appear at the Magistrates Court in Roma on 17 January 2012.

The complainant was transported to Roma hospital. When the police visited him there, he told them he was not sure if he would make an assault complaint; it would depend on the seriousness of his injuries.
In fact, he had sustained significant facial injuries. The next day, he was transferred to the Princess Alexander Hospital. He underwent two operations. On 3 January 2012, before he was discharged, the complainant advised police he wished to make a formal complaint against Mr Dibble. On 10 January, he gave a statement to police.

A week later, on 17 January, 2012, Mr Dibble appeared in the Magistrates Court at Roma, as required. He entered a plea of…

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.

Continue reading R v Dibble

Details

AGLC: R v Dibble [2013] QDC 120
Case: [2013] QDC 120
Decision Date: 29 May 2013

CaseChat Overview and Summary

The case of R v Dibble involved the defendant being charged with grievous bodily harm after a prior conviction for the summary offence of public nuisance. The earlier conviction stemmed from an incident where the defendant behaved violently towards the complainant, leading to allegations that the complainant sustained injuries qualifying as grievous bodily harm. The legal issues before the court centred on whether the defendant's prior conviction for public nuisance precluded the prosecution from pursuing the grievous bodily harm charge, and if so, whether a stay of the indictment should be granted. The court needed to determine the applicability of section 16 of the Criminal Code (Qld), which addresses double jeopardy, and whether such a provision justified a stay of the indictment.

The court found that section 16 of the Criminal Code (Qld) was applicable, thereby barring the prosecution from pursuing the grievous bodily harm charge against the defendant. The court held that the punishment for the public nuisance offence constituted a final determination of the defendant's criminal responsibility in relation to the same incident, thus protecting the defendant from being subjected to double jeopardy. Consequently, the court ruled that a permanent stay of the indictment was warranted, as the double jeopardy principle precluded the prosecution from retrying the defendant on the grievous bodily harm charge.

In light of the above, the court ordered that the prosecution of the indictment be permanently stayed, reflecting the protection against double jeopardy under section 16 of the Criminal Code (Qld). This decision ensured that the defendant would not be subjected to a second prosecution for the same incident and injuries.

Orders

Orders of the court

1. The prosecution of the indictment is permanently stayed.

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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