R v Turner (No. 2)

[2020] QDC 281

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Turner (No. 2) [2020] QDC 281

PARTIES:

THE QUEEN

v TURNER

(defendant)

FILE NO/S:

83 of 2020

DIVISION:

Criminal

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Mackay

DELIVERED ON:

10 November 2020

DELIVERED AT:

Mackay

HEARING DATE:

4 – 5 November 2020

JUDGE:

Sheridan DCJ

ORDER:

1.   Application by the Defence for ruling of no case to answer with respect to Count 1 is dismissed.

2.   Application to strike out paragraphs 14 and 15 of Exhibit 2 in the proceedings is dismissed.

CATCHWORDS:

CRIMINAL LAW – EVIDENCE – MATTERS RELATING TO PROOF – PRIMA FACIE CASE OR CASE TO

ANSWER – where defendant charged with offences against the Crimes Act 1914 (Cth) – where defendant has submitted in respect of count 1, attempting to pervert justice contrary to s 43 Crimes Act 1914 (Cth), there is no case to answer – where defence submit that the conduct relied on by the Crown is not more than merely preparatory conduct – whether there is a case to answer with respect to count 1 – whether acts relied upon by the Crown are more than merely preparatory

Crimes Act 1914 (Cth), s 43

Davey v Lee [1967] 2 All ER 423, considered
Director of Public Prosecutions v Stonehouse [1978] AC 55, applied
Doney v The Queen (1990) 171 CLR 207, cited
Holliday v The Queen [2016] ACTCA 42, applied
Inegbedion v R [2013] NSWCCA 291, considered
Meissner v The Queen (1995) 184 CLR 132, applied
Queen v Senthilvadevel [2018] NSWDC 33, considered

COUNSEL:

B Power for the Crown.

S C Holt QC and A O’Brien for the defendant.

SOLICITORS:

Commonwealth Director of Public Prosecutions for the Crown.

Bosscher Lawyers for the defendant.

Introduction

1. On 27 March 2020 an indictment was presented against the defendant, Ms Turner, charging her with one count of attempting to pervert justice pursuant to s 43 of the Crimes Act 1914 (Cth) and three counts of giving false testimony pursuant to s 35 of the Crimes Act.

[2]

[3]

[4]

Upon being arraigned in the presence of the jury on Monday, 2 November 2020, the defendant pleaded not guilty to each count.

At the conclusion of the Crown case, through her counsel, the defendant has submitted that in relation to Count 1 there is no case to answer.

I heard argument, including review of written submissions and refused the application; indicating that I would give my reasons at a later time if that was convenient. I was informed that the defendant would not be prejudiced by this course. These are my reasons; though publication of these reasons is prohibited until after the verdict, other than to the parties.

Nature of the Offence

1. The offence charged in Count 1 is that Ms Turner attempted to prevent justice by assisting Markis Turner to flee Australia prior to his trial in the Supreme Court and to remain at large thereafter. The Crown relies on one or more…