SUPREME COURT OF QUEENSLAND
CITATION:
PARTIES:
THE QUEEN
v
JAYANT MUKUNDRAY PATEL
(Defendant)FILE NO/S:
Indictment No 387 of 2009
DIVISION:
Trial Division
PROCEEDING:
Pre-trial hearing
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
18 January 2013
DELIVERED AT:
Brisbane
HEARING DATE:
16 January 2013
JUDGE:
Fryberg J
ORDERS:
rder that the following provisions of the particulars filed on 11 January 2013 be struck out:O1.
paras 3a and 3b;(a)
paras 4a and 4b;(b)
paras 5a and 5b;(c)
paras 7a and 7b;(d)
para 8;(e)
para 9; and(f)
so much of paras 10-12 as refers to the foregoing paragraphs.(g)
Further order that the Crown provide further particulars of the liver disease and the history of heart disease referred to in para 5c(iv) of the particulars.In the latter case that may be done by delivering typescripts of the relevant history, identifying their source. 2.
CATCHWORDS:
CRIMINAL LAW – PROCEDURE – ADJOURNMENT, STAY OF PROCEEDINGS, OR ORDER RESTRAINING PROCEEDINGS – STAY OF PROCEEDINGS – where the applicant faces a retrial on a charge of manslaughter – application for an order that a count on the indictment be permanently stayed or alternatively that the further amended particulars of that count be struck out – whether the amended particulars fail to particularise the charge
Criminal Code 1899 (Qld), s 288
Patel v The Queen[2012] HCA 29, cited
R v Patel [2012] QSC 419, cited
R v Patel [2012] QSC 420, followedCOUNSEL:
P E Smith and K Hillard for the applicant
M J Byrne SC and D Meredith for the respondentSOLICITORS:
Raniga Lawyers for the applicant
Director of Public Prosecutions (Qld) for the respondent
FRYBERG J: The earlier history of this matter is well known.[1] By count 9 the accused is charged with the manslaughter of Mervyn John Morris. The Crown relies on s 288 of the Criminal Code and has delivered particulars accordingly. On 20 December the third set of particulars so delivered was struck out and it was ordered that the Crown file and serve proper particulars on or before 11 January 2013.[2] A fresh set of particulars was filed and served[3] and it is those particulars which form the foundation for the present application by the accused for orders that count 9 be quashed or proceedings on it be stayed.
[3]Annexure A to these reasons the judgment.
The major challenge in the argument as presented relates to particulars of causation. As to the relevant law, I venture to repeat what I wrote on the previous occasion this question was before the court:
“[29] … That issue should be discussed in its statutory context. That context was summarised by the High Court:
‘11.Under the Criminal Code, a person who causes the death of another is…
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- AGLC
- R v Patel (No 3) [2013] QSC 001
- Case
- [2013] QSC 1
- Decision Date
CaseChat Overview and Summary
In delivering the judgment, the court meticulously reviewed the particulars provided in the indictment, focusing on the alleged deficiencies. The court found that certain paragraphs in the particulars did not sufficiently detail the nature of the charge against the applicant, rendering them inadequate for the purposes of the trial. Specifically, the court identified several paragraphs that were too vague or incomplete to form a proper basis for the charge. Consequently, the court ordered the striking out of specific paragraphs, as well as any references to those paragraphs within other parts of the particulars. Additionally, the court directed the Crown to provide more detailed information regarding the liver disease and the history of heart disease mentioned in one of the paragraphs. This additional information could be provided in the form of typescripts from the relevant medical records, clearly identifying their sources.
The court's decision was grounded in the necessity for clarity and precision in legal charges, ensuring that the accused has a fair opportunity to prepare a defence. By striking out the inadequate paragraphs and requesting further particulars, the court aimed to balance the rights of the accused with the Crown's duty to prosecute effectively. The final orders of the court were precise and targeted, ensuring that the retrial could proceed on a solid foundation of clear and sufficient particulars.
Orders
Orders of the court
rder that the following provisions of the particulars filed on 11 January 2013 be struck out:O1.
paras 3a and 3b;(a)
paras 4a and 4b;(b)
paras 5a and 5b;(c)
paras 7a and 7b;(d)
para 8;(e)
para 9; and(f)
so much of paras 10-12 as refers to the foregoing paragraphs.(g)
Further order that the Crown provide further particulars of the liver disease and the history of heart disease referred to in para 5c(iv) of the particulars.In the latter case that may be done by delivering typescripts of the relevant history, identifying their source. 2.
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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