R v Prisk and Harris

[2009] QSC 315

SUPREME COURT OF QUEENSLAND

CITATION:

R v Prisk and Harris [2009] QSC 315

PARTIES:

THE QUEEN
v
JOHN MICHAEL PRISK and KRISTIN PAMELA HARRIS

FILE NO/S:

BS 300 of 2009

DIVISION:

Trial Division

PROCEEDING:

Application – s 590AA Criminal Code

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

1 October 2009

DELIVERED AT:

Brisbane

HEARING DATE:

25 September 2009

JUDGE:

Martin J

ORDER:

   [1]      The applications for a no jury order are dismissed.

   [2]      The application for a separate trial is dismissed.

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – PRE-TRIAL DIRECTIONS – TRIAL BEFORE JUDGE WITHOUT JURY – GENERALLY – Where accused are jointly charged with murder of child  – Where each accused makes an application for a no jury trial – Where identity of trial judge is known – Where trial would involve complex medical evidence and unpleasant photographic evidence of diseased – Whether there are grounds which justify a no jury order - Whether there are “special reasons” for making such an order - Whether the trial will involve a factual issue that requires the application of objective community standards - Whether it is in the interests of justice that a no jury order be made.

CRIMINAL LAW – PROCEDURE – PRE-TRIAL DIRECTIONS – SEPARATE TRIALS OF CO-ACCUSED – Where accused jointly charged with murder of child – Where second accused requests separate trial on ground that first accused made threats against her – Where certain evidence admissible against first accused but not against second accused – Where two accused intend to deploy the ‘cut throat’ defence – Whether it would be in the interests of justice to order separate trials.

Criminal Code, s 7(1)(a), s 8, s 590AA, s 614, s 615

R v Clough [2008] QSC 307
R v Davidson [2000] QCA 39
R v Webb and Hay (1992) 59 SASR 563
Boscolo v Secretary, Department of Social Security (1999) 90 FCR 531
TVM v Western Australia (2007) 180 A Crim R 183
Webbv R (1994) 181 CLR 41
White v South Australia (2007) 96 SASR 581

COUNSEL:

V.A. Loury for the Crown
S. Di Carlo for the first defendant
P.E. Smith for the second defendant

SOLICITORS:

Director of Public Prosecutions
Douglas Law for the first defendant
Bernard Bradley & Associates for the second defendant

[1]      John Michael Prisk and Kristen Pamela Harris are charged with the murder of their son, Joshua on 24 September 2007. Joshua was aged two years and nine months at the time of his death. Their trial is listed to commence on 12 October 2009. The identity of the trial judge is known.

[2] There are two applications before the court. The first, by Prisk, is under s 615 of the Criminal Code (“the Code”) for an order that the accused be tried by judge alone – a “no jury order”. The second, by Harris, is for a no jury order and for an order that she be tried separately.

[3] The relevant provisions of the Code are:

“