DISTRICT COURT OF QUEENSLAND
CITATION:
R v Johnston [2014] QDC 174
PARTIES:
THE QUEEN
v
CLAYTON GARY JOHNSTON
FILE NO/S:
118/14
DIVISION:
Criminal
PROCEEDING:
Application
ORIGINATING COURT:
Rockhampton
DELIVERED ON:
22 August 2014
DELIVERED AT:
Rockhampton
HEARING DATE:
8 August 2014
JUDGE:
Smith DCJ
ORDER:
1. The application to exclude the s93A statement of the complainant is dismissed.
2. I make a no jury order in this matter.
CATCHWORDS:
CRIMINAL LAW - Application for no jury order
EVIDENCE- Application for exclusion of s 93A statement
Criminal Code 1899 (Q) ss 590AA, 614, 615
Evidence Act 1977 (Q) ss 93A, 98, 130
Arthurs v The State of Western Australia [2007] WASC 182
Mickelberg and Anor v R (No 3) (1992) 59 A Crim R 288
R v Brown [2011] QDC
R v Clough [2009] 1 Qd R 197; [2008] QSC 307
R v De Jesus (1986) 61 ALJR 1; 68 ALR 1
R v FAR [1996] 2 Qd R 49
R v Kissier [2012] 1 Qd R 353; [2011] QCA 223
R v Morley [2010] QDC
R v Morris ex parte Attorney-General [1996] 2 Qd R 68
R v Patel [2012] QSC 419
R v Prisk and Harris [2009] QSC 315
The State of Western Australia v Martinez (2006) 159 A Crim R 380
TVM v The State of Western Australia (2007) 180 Crim R 183
COUNSEL:
Ms. S. Hedge for the Crown
Mr. F. Martin for the Defendant
SOLICITORS:
Office of the Director of Public Prosecutions for the crown
Mulcahy Ryan lawyers for the defendant
Introduction
This is an application by the defence pursuant to s 590AA of the Criminal Code for:
(a) an order for further and better particulars;
(b) a ruling as to the competency of the complainant;
(c) the exclusion of the complainant’s s 93A statement;
(d) a no jury order;
(e) the exclusion of certain other evidence.
The Crown has provided the particulars sought and no ruling is needed on this point. It was agreed by the parties that a decision should firstly be given as to the 93A statement and the no jury order point first. It may be unnecessary to give rulings on the other points if a no jury order is made.
Background
The defendant is charged with the following counts:
(a)maintaining a sexual relationship with the complainant child DH at Rockhampton between 1 July 2010 and 16 July 2013.
(b)one count of rape of DH on a date unknown between 1 December 2010 and 16 July 2013.
(c)one count of rape of DH on a date unknown between 1 May 2103 and 16 July 2013.
The defendant has pleaded guilty to the maintaining count and not guilty to the two counts of rape.
The complainant was born on 2 June 1998 and is presently 16 years old.
A report of Dr Keane a psychologist has been obtained…
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- AGLC
- R v Johnston [2014] QDC 174
- Case
- [2014] QDC 174
- Decision Date
CaseChat Overview and Summary
The court examined the relevant legislation and case law, considering the nature of the complainant's evidence and its importance to the case. The court noted that the complainant's evidence was not so oppressive that it would render the trial unfair, and her presence in court was necessary for a fair trial. The court also considered the precedent in cases such as Mickelberg and Anor v R, R v Brown, and R v Clough, where similar applications had been dismissed. The court found that the complainant's evidence was not so oppressive as to warrant exclusion and dismissed the application. The court then made a no jury order, considering the seriousness of the offence and the need for a fair trial.
The court's reasoning was grounded in the importance of ensuring a fair trial while also considering the potential distress to the complainant. The court found that the complainant's evidence was not so oppressive as to render the trial unfair, and her presence in court was necessary for a fair trial. The court also considered the precedent in similar cases and the seriousness of the offence. The court concluded that a no jury trial was appropriate in this case, balancing the rights of the defendant and the complainant.
The final orders were that the application to exclude the complainant's s 93A statement was dismissed and a no jury order was made in this matter.
Orders
Orders of the court
1. The application to exclude the s93A statement of the complainant is dismissed.
2. I make a no jury order in this matter.
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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