SUPREME COURT OF QUEENSLAND
CITATION: R v DUNG NGOC NGUYEN [2001] QSC 099 PARTIES: THE QUEEN
v
DUNG NGOC NGUYENFILE NO: 93 of 2000 DIVISION: Trial Division DELIVERED ON: 6 April 2001 DELIVERED AT: Brisbane HEARING DATE: 21 March 2001 JUDGE: Mackenzie J ORDER: 1. Leave is granted to the Director to reopen the ruling made on 27 September 2000.
2. That ruling is set aside.CATCHWORDS: CRIMINAL LAW – JOINT OFFENDERS – MURDER - Application for leave to re-open a ruling under s 592A – whether jurisdiction to give leave can only be given after the trial has commenced – whether the trial commences when plea given – whether further evidence constitutes a “special reason” to give leave to re-open a previous ruling.
Criminal Code s 7, s 8, s 592A
Penalties & Sentences Act 1992 (Qld) s13AR v Andrews [1987] 1 Qd R 21
R v Hall [1986] 1 Qd R 462
R v Williams [2000] QCA 409COUNSEL: P Ridgway for the Crown
D Lynch for the accusedSOLICITORS: Queensland Director of Public Prosecutions for the Crown
Legal Aid Queensland for the accused.
MACKENZIE J: This is an application by the prosecution for leave to reopen a ruling under s592A that Dung Ngoc Nguyen should be tried separately. This may only be done if the trial judge for special reason gives leave. It will be necessary to return to s592A later.
Indictment 93 of 2000 was presented on 21 February 2000 charging Dien Cong Duong, Tam Chi Ngo, Dung Ngoc Nguyen and Vinh Chi Pham with murder. The "special reason" relied on by the prosecution is that since the ruling was given, one of the persons jointly charged with the offence has pleaded guilty to a charge which the prosecution has accepted in full discharge of the indictment against him. In this connection a fresh indictment, 555 of 2000 was presented against him and a nolle prosequi entered against him on 93 of 2000. This person, Vinh Chi Pham, has given an undertaking pursuant to s13A of the Penalties & Sentences Act to give evidence against other accused persons.
The argument on behalf of the prosecution is that the new evidence removes a critical factor which led to an order being made that Dung Ngoc Nguyen be tried separately from the other accused on indictment 93 of 2000. To consider the application further it is necessary to recite some of the history of the matter.
Originally six members of the Vietnamese community were charged with the murder of another Vietnamese. Only the four included in indictment 93 of 2000 were committed for trial. As previously mentioned Vinh Chi Pham pleaded guilty on indictment 555 of 2000 to assault occasioning bodily harm. Tam Chi Ngo pleaded guilty to being an accessory after the fact to murder on indictment 549 of 2000. A nolle prosequi was entered against him on 93 of 2000. A new indictment 548 of 2000 was presented against Dien Cong Duong and a
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- AGLC
- R v Nguyen [2001] QSC 99
- Case
- [2001] QSC 99
- Decision Date
CaseChat Overview and Summary
The court found that it had jurisdiction to grant leave to reopen the ruling under section 592A, and that the trial had not yet commenced at the time the application was made. The court further found that the giving of a plea constituted the commencement of the trial, and that the applicant had demonstrated special reasons to justify reopening the ruling. The court found that the further evidence provided by the applicant constituted a special reason to grant leave to reopen the ruling.
As a result, the court granted leave to the Director to reopen the ruling made on 27 September 2000, and set aside that ruling. The court did not make any further orders.
Orders
Orders of the court
1. Leave is granted to the Director to reopen the ruling made on 27 September 2000.
2. That ruling is set aside.
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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