R v Simpson - [2007] QDC 174

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Simpson [2007] QDC 174

PARTIES:

THE QUEEN (Respondent)

v

CHARMAINE JANE SIMPSON (Applicant)

FILE NO/S:

Indictment No 467 of 2004

DIVISION:

Criminal

PROCEEDING:

Application for Directions

ORIGINATING COURT:

District Court, Townsville

DELIVERED ON:

31 January 2007

DELIVERED AT:

Townsville

HEARING DATE:

06 December 2006

JUDGE:

Durward SC DCJ

ORDERS:

1.That the respondent provide to the applicant copies of QP9 police briefs and/or police CRISP Reports relating to any matters that Stephen Alan Simpson has recorded on his criminal history record from and including the offence of entering premises with intent to commit an indictable offence committed on 24 May 2003.

2.That the respondent make necessary inquiry and inform the applicant whether Stephen Alan Simpson has been charged with any offences that have not to date been determined or otherwise dealt with, in addition to those matters which might appear on his criminal history record, and provide to the applicant copies of QP9 police briefs and/or police CRISP Reports relating to such matters.

3.That the respondent provide to the applicant copies of any QP9 police briefs and/or police CRISP Reports relating to Paul Millsom in respect of any offence arising out of the relevant incident on 24 May 2003.

4.That the sealed envelope placed on District Court criminal file (Indictment No CNS 85/2004) in respect of Stephen Alan Simpson by Judge Shanahan on 9 August 2004 in the District Court at Brisbane, pursuant to Section 13A of the Penalties and Sentences Act 1992, be opened and its contents made available for inspection by the lawyers for the applicant and the lawyers for the respondent for the purpose of the applicant’s trial on the charge of entering premises with intent to commit an indictable offence.

CATCHWORDS:

Pre-trial application for directions and leave – provision of copies of QP9 and/or CRISP Reports relating to co-accused – whether prosecution should provide a sworn statement of a proposed witness who has given a taped and transcribed record-of-interview with police upon which the prosecution is to exclusively rely as proof of evidence – whether accused entitled to access to s 13A Penalties and Sentences Act sealed materials in respect of proposed witness at her trial.

COUNSEL:

S Farnden for the Crown/Respondent

D Honchin for the Accused/Applicant

SOLICITORS:

Director of Public Prosecutions (Queensland) for the Respondent

Purcell Taylor Lawyers for the Applicant

The Application

The accused (“the applicant”) applied for trial directions pursuant to s 590AA(2)(ba) of the Criminal Code (Qld) and for an order pursuant to s 13A(7) of the Penalties and Sentences Act 1992.

During the hearing a number of the trial directions that were sought by the applicant were agreed by the applicant and the Director of Public Prosecutions (for “the respondent”) and they are the subject of separate Orders to be made by me.

There remained three matters reserved for determination by me:

(a) Item 1.6: a direction that copies of QP9 police briefs and/or police CRISP Reports relating to any matters that one Stephen Alan…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Simpson

Details

AGLC: R v Simpson [2007] QDC 174
Case: [2007] QDC 174
Decision Date: 31 January 2007

CaseChat Overview and Summary

The case of R v Simpson involved the applicant seeking pre-trial directions and leave in relation to the provision of certain documents and information concerning the co-accused. The applicant was seeking copies of QP9 police briefs and/or CRISP Reports relating to the criminal history of the co-accused, Stephen Alan Simpson, and Paul Millsom. Additionally, the applicant requested access to sealed materials under Section 13A of the Penalties and Sentences Act in respect of a proposed witness at their trial. The matter was heard in the District Court of Queensland.

The court had to determine whether the prosecution was required to provide the applicant with a sworn statement of a proposed witness who had given a taped and transcribed record-of-interview with police, which the prosecution intended to rely on exclusively as proof of evidence. Furthermore, the court needed to decide whether the applicant was entitled to access the sealed materials in respect of the proposed witness at their trial. These issues were crucial in ensuring the fairness and transparency of the upcoming trial.

The court ruled in favour of the applicant on all counts. The respondent was ordered to provide the applicant with copies of the requested QP9 police briefs and/or CRISP Reports. Additionally, the sealed envelope placed on the District Court criminal file in respect of Stephen Alan Simpson was to be opened, and its contents made available for inspection by the lawyers for both parties. This decision was based on the need to ensure a fair trial and the rights of the applicant under the law.

The final orders mandated the respondent to provide the applicant with the requested documents, including copies of QP9 police briefs and/or CRISP Reports relating to the criminal history of the co-accused and the additional offences, if any. Furthermore, the sealed envelope in respect of Stephen Alan Simpson was to be opened, and its contents made available for inspection by the lawyers for both parties for the purpose of the applicant’s trial. These orders aimed to ensure transparency and fairness in the proceedings, in line with the applicant's legal rights.

Orders

Orders of the court

1.That the respondent provide to the applicant copies of QP9 police briefs and/or police CRISP Reports relating to any matters that Stephen Alan Simpson has recorded on his criminal history record from and including the offence of entering premises with intent to commit an indictable offence committed on 24 May 2003.

2.That the respondent make necessary inquiry and inform the applicant whether Stephen Alan Simpson has been charged with any offences that have not to date been determined or otherwise dealt with, in addition to those matters which might appear on his criminal history record, and provide to the applicant copies of QP9 police briefs and/or police CRISP Reports relating to such matters.

3.That the respondent provide to the applicant copies of any QP9 police briefs and/or police CRISP Reports relating to Paul Millsom in respect of any offence arising out of the relevant incident on 24 May 2003.

4.That the sealed envelope placed on District Court criminal file (Indictment No CNS 85/2004) in respect of Stephen Alan Simpson by Judge Shanahan on 9 August 2004 in the District Court at Brisbane, pursuant to Section 13A of the Penalties and Sentences Act 1992, be opened and its contents made available for inspection by the lawyers for the applicant and the lawyers for the respondent for the purpose of the applicant’s trial on the charge of entering premises with intent to commit an indictable offence.

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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CITATION:	R v Simpson [2007] QDC 174
PARTIES:	THE QUEEN (Respondent) v CHARMAINE JANE SIMPSON (Applicant)
FILE NO/S:	Indictment No 467 of 2004
DIVISION:	Criminal
PROCEEDING:	Application for Directions
ORIGINATING COURT:	District Court, Townsville
DELIVERED ON:	31 January 2007
DELIVERED AT:	Townsville
HEARING DATE:	06 December 2006
JUDGE:	Durward SC DCJ
ORDERS:	1.That the respondent provide to the applicant copies of QP9 police briefs and/or police CRISP Reports relating to any matters that Stephen Alan Simpson has recorded on his criminal history record from and including the offence of entering premises with intent to commit an indictable offence committed on 24 May 2003. 2.That the respondent make necessary inquiry and inform the applicant whether Stephen Alan Simpson has been charged with any offences that have not to date been determined or otherwise dealt with, in addition to those matters which might appear on his criminal history record, and provide to the applicant copies of QP9 police briefs and/or police CRISP Reports relating to such matters. 3.That the respondent provide to the applicant copies of any QP9 police briefs and/or police CRISP Reports relating to Paul Millsom in respect of any offence arising out of the relevant incident on 24 May 2003. 4.That the sealed envelope placed on District Court criminal file (Indictment No CNS 85/2004) in respect of Stephen Alan Simpson by Judge Shanahan on 9 August 2004 in the District Court at Brisbane, pursuant to Section 13A of the Penalties and Sentences Act 1992, be opened and its contents made available for inspection by the lawyers for the applicant and the lawyers for the respondent for the purpose of the applicant’s trial on the charge of entering premises with intent to commit an indictable offence.
CATCHWORDS:	Pre-trial application for directions and leave – provision of copies of QP9 and/or CRISP Reports relating to co-accused – whether prosecution should provide a sworn statement of a proposed witness who has given a taped and transcribed record-of-interview with police upon which the prosecution is to exclusively rely as proof of evidence – whether accused entitled to access to s 13A Penalties and Sentences Act sealed materials in respect of proposed witness at her trial.
COUNSEL:	S Farnden for the Crown/Respondent D Honchin for the Accused/Applicant
SOLICITORS:	Director of Public Prosecutions (Queensland) for the Respondent Purcell Taylor Lawyers for the Applicant