R v Ellis

Case [2010] QDC 533


DISTRICT COURT OF QUEENSLAND

CITATION:

R v Ellis [2010] QDC 533

PARTIES:

R

v

DAMIEN SCOTT ELLIS
(Applicant)

FILE NO/S:

Indictment No 2761 of 2008

DIVISION:

Trial

PROCEEDING:

Criminal application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

12 May 2010

DELIVERED AT:

Brisbane

HEARING DATE:

4 June 2009; final written submissions received on 20 July 2009

JUDGE:

Irwin DCJ

ORDER:

Applications to stay and quash the indictment in respect of count 1 dismissed

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PROSECUTION – FILING OF INFORMATION, PRESENTMENT OF INDICTMENT – QUEENSLAND – EX OFFICIO INDICTMENT – AUTREFOIS CONVICT – MEANING OF “CONVICTION” – application to stay ex officio indictment on the basis of autrefois convict – where the applicant consented to being committed to the District Court for sentence on two offences under the Transport Operations (Marine Safety) Act 1994 without the magistrate being required to determine whether there was sufficient evidence to put him on trial for an indictable offence – where the committal order was noted on the transmission sheet and the applicant was required to sign a form which was said to effectively stop him changing his plea of guilty in the District Court – where an indictment was presented which included as count 1 a charge under the Criminal Code of dangerous operation of a vehicle causing death and grievous bodily harm arising from the same facts together with an alternative count 2 which reflected the two offences on which he was committed for sentence – where so far as count 1 was concerned this was an ex officio indictment – whether the committal of the applicant for sentence together with the note on the transmission sheet and the requirement to sign the form involved a summary conviction of the two offences under the Transport Operations (Marine Safety) Act 1994, which by virtue of count 2 of the indictment had the result the applicant had already been convicted of an offence of which he might be convicted upon the indictment with which he was charged – whether as a result s 17 of the Criminal Code applied so that he had the defence of autrefois convict to count 1

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PROSECUTION – FILING OF INFORMATION, PRESENTMENT OF INDICTMENT – QUEENSLAND – EX OFFICIO INDICTMENT – application to quash ex officio indictment as formally defective on the basis it was not presented by a crown law officer – where the applicant consented to being committed to the District Court for sentence on two offences under the Transport Operations (Marine Safety) Act 1994 without the magistrate being required to determine whether there was sufficient evidence to put him on trial for an indictable offence – where an indictment signed by a Crown prosecutor was presented which included as count 1 a charge under the Criminal Code of dangerous operation of a vehicle causing death or grievous bodily harm arising from the same facts together with an alternative count 2 which…

Continue reading R v Ellis

Sign in free to access the full text

Details
AGLC
R v Ellis [2010] QDC 533
Case
[2010] QDC 533
Decision Date

CaseChat Overview and Summary

The case of R v Ellis involved the applicant, who had been committed to the District Court for sentence on two offences under the Transport Operations (Marine Safety) Act 1994. The applicant consented to the committal without requiring the magistrate to determine if there was sufficient evidence to put him on trial for an indictable offence. An indictment was subsequently presented, which included a charge of dangerous operation of a vehicle causing death and grievous bodily harm, among other counts. The applicant applied to stay and quash the indictment, arguing that it was an ex officio indictment and that the applicant had already been convicted of an offence that he might be convicted of upon the indictment with which he was charged. The applicant sought to assert the defence of autrefois convict.

The legal issues before the court were whether the committal for sentence and the requirement to sign a form constituted a summary conviction of the two offences under the Transport Operations (Marine Safety) Act 1994, and if so, whether this resulted in the applicant being precluded from being tried for the indictable offence of dangerous operation of a vehicle. The court also needed to determine whether the indictment was formally defective because it was not presented by a Crown law officer, and whether a Crown prosecutor could validly sign and present the indictment.

The court dismissed the applications to stay and quash the indictment. It found that the applicant’s consent to be committed for sentence did not constitute a conviction that would preclude him from being tried for the indictable offence. The court held that the requirement to sign a form did not amount to a conviction, and therefore the applicant could not rely on the defence of autrefois convict. The court also determined that the indictment was not formally defective, as the Crown prosecutor had the authority to sign and present it, even though it was an ex officio indictment. The applications were dismissed, and the indictment was upheld.

Orders

Orders of the court

Applications to stay and quash the indictment in respect of count 1 dismissed

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.