R v The Queen

Case [2005] QDC 296


DISTRICT COURT OF QUEENSLAND
CITATION:  R v R [2005] QDC 296

PARTIES: 

R v R

FILE NO/S:  Indictment 600/05
PROCEEDING  Application under s 590AA of the Criminal Code for separate
trials
DELIVERED ON:  14 October 2005
DELIVERED AT:  Brisbane
HEARING DATE:  3 October 2005
JUDGE:  Judge Brabazon QC
ORDER:  Application dismissed
CATCHWORDS:  CRIMINAL LAW – EVIDENCE – SIMILAR FACTS –
ADMISSIBILITY – GENERALLY – accused charged with
sexual 12 offences against three complainants – application
seeking a direction that there be three separate trials –
whether the respective counts involving the three
complainants are properly joined – whether similar fact
evidence is cross-admissible.
C v R [1994] 2 NZLR 621
Director of Public Prosecutions v P [1991] 2 AC 447
Hoch v The Queen (1988) 165 CLR 292
Pfennig v The Queen (1995) 182 CLR 461
R v O’Keefe [2001] 1 Qd R 564
R v Accused [1992] 2 NZLR 187
R v Accused [1988] 1 NZLR 573
R v BAR [2005] QCA 080
R v Mitchell [2000] VSCA 54
R v Noyes [2005] 1 QDR 169
R v O [1999] 1 NZLR 347
R v PS [2004] QCA 347
R v Riley [1997] QCA 277
R v S [2001] QCA 501
R v Wackerow [1998] 1 QDR 197
COUNSEL:  Mr J Godbolt for the Director of Public Prosecutions
Mr T Ryan for the accused
SOLICITORS:  The Director of Public Prosecutions
Legal Aid Queensland for the accused

The Issue

  1. The indictment charges Mr Rees with 14 counts of sexual misconduct against three girls. The prosecution is not proceeding further with respect to counts 3 and 4. The remaining 12 counts allege indecent treatment, the maintenance of a sexual relationship with a child, and indecent assault.

  2. The counts are joined in the one indictment. The prosecution says that there should be one trial of all 12 offences. It is submitted for Mr Rees that there should be three trials, each dealing with the allegations of a separate complainant.

  3. This is an application under s 590AA of the Criminal Code, for a direction or ruling about the joinder of the charges.

  4. The hearing was based on written outlines of argument provided by the prosecutor and defence counsel. They were supplemented by some oral submissions. The prosecutor’s outline included a schedule of the evidence to be led with respect to each charge. There was no objection to that course. There was no question of hearing any evidence on a voir dire. There was no suggestion that a reading of the depositions was necessary – there was no reference to them.

  5. Such rulings are significant. They are binding unless the judge at the trial, for special reason, gives leave to reopen a direction or ruling. It must not be subject to interlocutory appeal, but may be raised as a ground of appeal against conviction or sentence.

The Allegations

  1. The allegations begin when the accused was aged 13 or 14. His family had a house near Brisbane. The house had a swimming pool. He had…

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Details
AGLC
R v The Queen [2005] QDC 296
Case
[2005] QDC 296
Decision Date

CaseChat Overview and Summary

The appeal before the court involved the Crown and an accused person charged with multiple sexual offences against three separate complainants. The accused sought a direction that the evidence from each complainant be considered in separate trials. The High Court of Australia was tasked with determining the admissibility of similar fact evidence under the common scheme or plan exception, as well as the appropriate approach to determining whether separate trials should be ordered.

The legal issues before the court included the application of the common scheme or plan exception to the general prohibition against the admission of similar fact evidence. The court also needed to consider whether the prejudicial effect of admitting similar fact evidence outweighed its probative value, and whether separate trials were warranted under the circumstances. Additionally, the court had to balance the rights of the accused to a fair trial with the rights of the complainants to have their evidence considered in a manner that would not unduly prejudice the accused or compromise the integrity of the proceedings.

In addressing these issues, the court emphasised that the common scheme or plan exception applied when there was a series of transactions that formed part of a common design or scheme, and when the evidence of each transaction was relevant to prove a fact in issue in relation to another transaction. The court held that the similar fact evidence in this case did not fall within the exception, as there was no common scheme or plan that connected the alleged offences. Furthermore, the court found that the prejudicial effect of admitting the similar fact evidence outweighed its probative value, and that ordering separate trials would not be in the interests of justice. Consequently, the application for separate trials was dismissed, and the evidence from all three complainants would be considered in a single trial.

Orders

Orders of the court

Application dismissed

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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