DISTRICT COURT OF QUEENSLAND
CITATION:
R v Seymour & Ors [2024] QDC 93
PARTIES: THE KING
(respondent)
vDANIEL SEYMOUR, JOHN DOUMANI and CHRISTOPHER JOHN PAPPAS
(applicants/defendants)FILE NO: Indictment 455/2023
DIVISION:
Criminal
PROCEEDING:
590AA Application
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
22 April 2024 (ex tempore)
DELIVERED AT:
Southport
HEARING DATE:
22 April 2024
JUDGE:
Jackson KC, DCJ
ORDER:
Order that indictment 455/2023 be permanently stayed.
CATCHWORDS:
CRIMINAL LAW – PROCEDURE – ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS – STAY OF PROCEEDINGS – DELAY – where a stay of proceedings is sought for failure over eight years to adequately particularise the case – whether the current particulars are deficient – whether the circumstances of the case warrant an order that the proceedings be stayed.
LEGISLATION:
Criminal Code ss 568(3) and 590AA
CASES:
R v Baynes [1989] 2 Qd R 431
Kirk v Industrial Court (NSW) (2010) 239 CLR 531
Johnson v Miller (1937) 59 CLR 467
Jago v The District Court of New South Wales (1989) 168 CLR 23
GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore (2023) 97 ALJR 857
COUNSEL: J Underwood for the applicant Seymour
S Holt KC and B Reilly for the applicants Doumani and PappasM Hynes for the respondent
SOLICITORS: Grant Lawyers for the applicant Seymour
Jacobson Mahony Lawyers for the applicants Doumani and Pappas
Director of Public Prosecutions (Qld) for the respondent
Introduction
The applicants, Mr Seymour, Mr Doumani and Mr Pappas are charged on indictment with numerous counts of fraud, some counts with a circumstance of aggravation. The current indictment was presented following a successful stay application brought by Jack Doumani who was charged in respect of the same or similar frauds as a party taking account of his different role. The earliest of the alleged offending is said to have occurred almost 12 years ago in May 2012 with most of it alleged to have occurred in 2013 or 2014 and some in 2015 with one count (Count 34) concerning alleged conduct in January 2017. The applicants were first charged over eight years ago. The investigation commenced in early 2013.[1]
[1]The history appears in the chronology which is Annexure A to the affidavit of Darren Thomas Mahony.
It is clear that the charging occurred somewhat incrementally over a number of years. Numerous requests for particulars have been made which are referred to both in the chronology and in my earlier ruling. It is also appropriate to record that Magistrate Callaghan dismissed all the charges which had been laid by 19 July 2018 for reasons that I have previously recorded. The defendants were subsequently recharged in respect of the same facts. Otherwise, given my earlier ruling it is unnecessary to set out anything further as to the background of the matter.
The applicants apply pursuant to s 590AA of the Criminal Code Act 1899 (Qld) (“Criminal Code”) for an order that the indictment…
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CaseChat Overview and Summary
The legal issues before the court involved determining whether the particulars were deficient and whether the circumstances of the case warranted a stay of the proceedings. The applicants argued that the Crown's failure to adequately particularise the case, combined with the length of the proceedings and the oppressive nature of the situation, justified a stay. The Crown, on the other hand, maintained that it had provided sufficient particulars and that the applicants had not suffered any prejudice from the delays.
The court found that the particulars provided by the Crown were indeed deficient and that the applicants had been significantly prejudiced by the prolonged proceedings. The court noted that the applicants had been subject to legal proceedings for over eight years, with the requirement to fund those proceedings and significant constraints on their freedom due to bail conditions. Additionally, the committal proceedings had extended over 12 months because the prosecution had repeatedly failed to provide adequate particulars. The court concluded that the circumstances warranted a permanent stay of the proceedings.
In light of the above, the court ordered that the indictment be permanently stayed.
Orders
Orders of the court
Order that indictment 455/2023 be permanently stayed.
Background
Background to the litigation
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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