R v Pollard

[2015] QDC 250

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Pollard  [2015] QDC 250

PARTIES:

R

v

MICHAEL POLLARD

FILE NO/S:

2611/2015

DIVISION:

Criminal

PROCEEDING:

Application

ORIGINATING COURT:

District Court, Dalby

DELIVERED ON:

Ex tempore reasons delivered 1 October 2015

DELIVERED AT:

Brisbane

HEARING DATE:

1 October 2015

JUDGE:

Smith DCJA

ORDER:

Application for separate trial granted

CATCHWORDS:

CRIMINAL LAW- INDICTMENT- JOINDER- Whether separate trial should be ordered

Criminal Code 1899 (Q) ss 590AA, 597B

R v Demirok [1976] VR 244

R v Middis unreported NSWCCA, 27^th of March 1991

R v Swan [2013] QCA 217

R v Symss [2003] NSWCCA 77

R v Webb & Hay (1994) 181 CLR 41

COUNSEL:

Mr A. Hoare for the defendant

Mr D. Jones for the crown

SOLICITORS:

Boe Williams Anderson for the defendant

Office of the Director of Public Prosecutions for the crown

1. This is an application by the defence under section 597B of the Code for the defendant Michael Pollard to be tried separately from his co-accused, Harley Philp, Sonja Hopkinson and Benjamin Hearn.

1. The defendant and his co-offenders have been charged with the following offences:

(a)        Count 1- that on 25 October 2014 at Tara in the State of Queensland, Harley Raymond Philp unlawfully assaulted Peter Jones Young. 

(b)        Count 2- that on the 29^th day of October 2014 at Tara in the State of Queensland, all of them unlawfully assaulted Peter Jones Young. 

(c)        Count 3- that on the 29^th October 2014 at Tara all of them assaulted Adam Lucas Young and did him bodily harm whilst armed and in company.

(d)        Count 4- that on 29^th October 2014 at Tara all of them assaulted Peter Owen Young and did him bodily harm whilst armed and in company.

1. I have had regard to the submissions by the parties and to the depositions in this case.

1. The evidence reveals that Adam Young, who lived at 213 Orchard Road, Tara, knew Harley Philp (who was his cousin), Sonja Hopkinson and Ben Hearn.  There seemed to have been some falling out between Adam and a woman called Fiona on the on hand and these accused on the other.

1. On the 25^th of October 2014 at a country club, Adam Young was with Peter Young.  Harley Philp was also there, affected by alcohol or drugs, and an altercation occurred.  This is the subject of count 1.  I note the defendant is not alleged to have been there on that occasion and is not charged with an offence relating to this incident.

1. The more substantial incident occurred at 213 Orchard Road, Tara, on the 29^th of October 2014.  In essence, the Crown case is that Sonja Hopkinson, Ben Hearn, Harley Philp and the defendant went to the Tara premises armed and attacked Adam Young, Peter Young Junior and Peter Young Senior at that location.  After that incident took place, police attended, and, of interest, Sonja Hopkinson, on the evidence, telephoned police to allege that assaults had occurred at their location and…