DISTRICT COURT OF QUEENSLAND
CITATION:
R v JM (No 2) [2013] QDC 337
PARTIES:
THE QUEEN
(respondent)v
JM
(applicant)FILE NO/S:
18/2012
DIVISION:
Trial
PROCEEDING:
Criminal
ORIGINATING COURT:
District Court at Rockhampton
DELIVERED ON:
22 May 2013
DELIVERED AT:
Rockhampton
HEARING DATE:
13 May 2013
JUDGE:
Smith DCJ
ORDER:
1. Application by the Defence for ruling of no case to answer is dismissed;
2. Application by the Defence to exclude Record of Interview in its entirety is dismissed;
3. Application by the Defence for a stay is dismissed;
4. Application by the Defence to exclude the entire section 93A statement of the complainant is dismissed;
5. Application by the Defence to exclude page 20 lines 21-42 and page 23 lines 21-23 of the complainant’s section 93A statement is granted.
CATCHWORDS:
CRIMINAL LAW- Applications for no case to answer; exclusion of record of Interview and section 93A statement
Criminal Code 1899 (Q) s 590AA
Evidence Act 1977 (Q) ss 93A, 98 and 130
Doney v The Queen (1990) 171 CLR 207
Horan v Ferguson [1995] 2 Qd R 490
Jago v DPP (1989) 168 CLR 23
R v FAR [1996] 2 Qd R 49
R v Gesa and Nona ex parte Attorney-General [2001] 2 Qd R 72
R v Morris ex parte Attorney-General [1996] 2 Qd R
COUNSEL:
D Murray for the applicant
J Phillips for the Crown
SOLICITORS:
Kenny and Partners for the applicant
Director of Public Prosecutions (Qld) for the Crown
Introduction
The applicant JM has applied to the court pursuant to s 590AA of the Criminal Code for the following rulings:
(a) There is no case for the applicant to answer;
(b) That the record of interview given by the applicant be excluded from evidence; and
(c) That nominated portions of the 93A statement of HN be excluded from evidence.
No case submission
In the applicant’s outline of argument, it is alleged that there is no case to answer.
The prosecution in its outline says that whether or not there is a case to answer – that can only be addressed before the trial with the consent of the Crown. No consent is given in this case. It is submitted that any no case submission should be raised at the conclusion of the Crown case at trial.
In R v Gesa and Nona ex parte Attorney-General [2001] 2 Qd R 72 it was held that such an application may be brought under the pre-trial provisions in the Criminal Code. It was held however in that case that it was impossible to do so because the counsel for the Crown indicated she intended to cross-examine and call further evidence in the question of honest mistake of right.
At [18] it was said:
“Such a case may arise where the facts are either agreed or undisputed, where those facts are incapable of supporting a guilty verdict and where the Crown concedes that those facts represent the highest that the Crown case can…
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- AGLC
- R v JM (No 2) [2013] QDC 337
- Case
- [2013] QDC 337
- Decision Date
CaseChat Overview and Summary
The court considered the principles of no case to answer and the admissibility of evidence under the Evidence Act 1977 (Q). It found that the evidence was sufficient to proceed to trial, and that the Record of Interview and section 93A statement were properly admitted. The court found that a stay was not warranted and dismissed the application. The court granted the application to exclude certain parts of the complainant’s section 93A statement as they related to an unrelated incident and were prejudicial.
The court dismissed the application for a ruling of no case to answer, the application to exclude the Record of Interview and section 93A statement in their entirety, the application for a stay, and the application to exclude the entire section 93A statement. The court granted the application to exclude page 20 lines 21-42 and page 23 lines 21-23 of the complainant’s section 93A statement. The case was remitted to the Magistrates Court for further proceedings.
Orders
Orders of the court
1. Application by the Defence for ruling of no case to answer is dismissed;
2. Application by the Defence to exclude Record of Interview in its entirety is dismissed;
3. Application by the Defence for a stay is dismissed;
4. Application by the Defence to exclude the entire section 93A statement of the complainant is dismissed;
5. Application by the Defence to exclude page 20 lines 21-42 and page 23 lines 21-23 of the complainant’s section 93A statement is granted.
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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