R v Fraser-Adams [2001] NTSC 111
PARTIES:THE QUEEN
v
SUSAN FRASER-ADAMS
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE TERRITORY EXERCISING TERRITORY JURISDICTION
FILE NO: (200004375)
DELIVERED: 7 December 2001
HEARING DATES: 26 November 2001
JUDGMENT OF: MILDREN J
REPRESENTATION:
Counsel:
Crown:M Grogan
Accused:S Tilmouth QC and M Carter
Solicitors:
Crown:Office of the Director of Public Prosecutions
Accused:Thomas Berkley
Judgment category classification: B
Judgment ID Number: Mil01263
Number of pages: 11
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT Darwin
(20004375)R v Fraser-Adams [2001] NTSC 111
BETWEEN:
THE QUEEN
Plaintiff
AND:
SUSAN FRASER-ADAMS
Defendant
CORAM: MILDREN J
REASONS FOR RULING
(Delivered 7 December 2001)
This is an application pursuant to ss 312 and 339 of the Criminal Code (NT) to quash the indictment or alternatively, pursuant to ss 309 and 341 of the Code, to order that there be a separate trial of count 1 on the indictment.
The indictment charges the accused with 36 counts of obtaining property being part of the proceeds of a cheque by deception, by falsely representing in a report that certain sums of money were due and payable when to the accused's knowledge they were not, contrary to s 227(1) of the Code.
At the hearing of the application, Mr Tilmouth QC for the accused, limited his submissions to an application for severance. There is in my opinion no basis for an order quashing the indictment.
The first argument presented by Mr Tilmouth QC on behalf of the accused is that count 1 has been improperly joined with the other counts on the indictment. In order to understand this submission, it was submitted by Mr Tilmouth QC for the accused that it is necessary to consider the way the Crown intends to put its case to the jury and the way the defence proposes to put its case.
The accused is a director of a company called Ochre Pty Ltd (Ochre) and for present purposes I assume that the Crown will be contending that she was Ochre's mind and will, such that whatever acts were done by Ochre were done by her personally or with her knowledge and approval. Ochre's business was that of a contract manager between building owners, whom Ochre represented as agent, and building contractors. Ochre engaged various building contractors from time to time on behalf of Ochre's clients for various building works to be done. The works were the subject of written quotations submitted by the building contractors to Ochre. When a particular job was satisfactorily completed, the building contractor concerned submitted an invoice to Ochre which provided a report to the client recommending payment of the invoice. The client would then pay Ochre which in turn would pay the builder's invoice. Ochre of course charged its clients for its work and I presume that when payment was made by the client, if the job was completed, the client's payment included an amount for Ochre's fees. Ochre operated a small…
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- AGLC
- R v Fraser-Adams [2001] NTSC 111
- Case
- [2001] NTSC 111
- Decision Date
CaseChat Overview and Summary
Mildren J began by examining the nature of the charges and the factual background of the case. The accused was alleged to have engaged in a scheme to overcharge clients of Ochre Pty Ltd, a company she directed, by altering invoices and retaining the excess funds. Count 1 specifically involved the accused allegedly directing an increase in an invoice amount, while the remaining counts involved similar conduct by other individuals under her direction. Mildren J noted the similarities in the legal and factual elements of the charges, which supported joining them in one indictment. The court rejected the argument that the evidence from count 1 should not be admissible in relation to the other counts, finding that it was relevant to proving the accused's knowledge of the fraudulent scheme. The court also considered the potential prejudice to the accused if all counts were tried together, but concluded that any prejudice could be mitigated by appropriate jury directions. As a result, the applications to quash the indictment or to order a separate trial for count 1 were dismissed.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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