DISTRICT COURT OF QUEENSLAND
CITATION: R v. Martin [2009] QDC 324 PARTIES: THE QUEEN
(Respondent)
v
DAVID JOSHUA MARTIN
(Applicant)FILE NO/S: 567 of 2007 DIVISION: PROCEEDING: Application ORIGINATING
COURT:DELIVERED ON: 11 September 2009 DELIVERED AT: Cairns HEARING DATE: 3 September 2009 JUDGE: Bradley DCJ ORDER: Application dismissed. The following evidence is admissible in the applicant’s trial: 1. The initial complaint of rape made by the complainant to Lance Millward.
2. The recording of the complaint made by the complainant to Lance Millward at the police officer’s home.
3. Evidence from the arresting police officer Foy about disclosures the complainant made to him regarding the alleged offence.
4. Evidence from Dr Stinson to whom the complainant made disclosures of the alleged offence.
5. The written statement the complainant provided to police on 31 May 2006.
CATCHWORDS:
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – where the applicant has pleaded not guilty to a charge of rape – where the complainant is now deceased – where the prosecution seeks to rely at the trial on particular evidence to substantiate the allegations the complainant made against the applicant – where the applicant seeks a ruling that the evidence of the various statements of the complainant is not admissible or alternatively that it ought to be excluded in the exercise of the Court’s discretion
Criminal Law (Sexual Offences) Act 1978 (Qld) s 4A
Evidence Act 1977 (Qld), s 93B, 93B(2)(a), 98, 98(1), 130
Justices Act 1886 (Qld), s 110A, 111R v Ambrosoli (2002) 133 A Crim R 461
R v D (2003) 141 A Crim R 471
R v Higgins [2006] QDC 369
R v Lester [2003] QCA 354
R v McGrane [2002] QCA 173COUNSEL: B Murray for the applicant
J Wooldridge for the respondentSOLICITORS: Legal Aid Office Queensland for the applicant
Office of The Director of Public Prosecutions for the
respondent
The applicant has pleaded not guilty to a charge that on 30th day of May 2006 at Kowanyama he raped Colleen Desma Lawrence. Ms Lawrence is now deceased.
Allegations
At the time of the alleged offence the complainant was 40 years of age and the applicant 18. The applicant was involved in a relationship with the complainant’s daughter. The complainant told police that she attended the Kowanyama Canteen at about 3.30 pm on 30 May 2006 where she consumed about 12 cans of XXXX Gold beer. She left to go home at about 9.00 pm. At that point she described herself as “drunk”, “not falling over” but “walking crooked”.
As she walked towards her home the complainant saw a man approaching her and when he got closer she said “I know you David Martin”. The man grabbed her by the arm, then grabbed her by the hair and pulled her to the ground. He dragged her by the hair through a gate and into long grass and she noticed that he smelt of alcohol.
The complainant screamed for help. The man…
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- AGLC
- R v Martin [2009] QDC 324
- Case
- [2009] QDC 324
- Decision Date
CaseChat Overview and Summary
The court examined the provisions of Section 4A, which allowed for the admission of evidence of a preliminary complaint regardless of when it was made. The court also considered the argument that the statements could be admitted under Section 93B as representations made shortly after the alleged offence and in circumstances making it unlikely the representation is a fabrication. The prosecution referenced the case of R v Higgins, where similar statements were deemed admissible. The applicant argued that there was a delay between the alleged offence and the complainant's first complaint, which could cast doubt on the reliability of the statements.
After considering the arguments, the court found that the statements made by the complainant were admissible under Section 4A and Section 93B. The court held that the delay in making the first complaint did not render the statements inadmissible, as they were still made shortly after the alleged offence and under circumstances making it unlikely they were fabricated. The court also noted that the statements could not be led as the truth of the facts contained therein but could be used to corroborate other evidence.
The court dismissed the application, allowing the prosecution to rely on the complainant's statements as evidence in the trial. The court found that the evidence was admissible and did not warrant exclusion under the exercise of judicial discretion.
Orders
Orders of the court
Application dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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