SUPREME COURT OF QUEENSLAND
CITATION:
R v W; ex parte A-G (Qld) [2002] QCA 329
PARTIES:
R
V
W
(respondent)
EX PARTE ATTORNEY-GENERAL OF
QUEENSLAND
(appellant)FILE NO/S:
CA No 84 of 2002
DC No 62 of 2001DIVISION:
Court of Appeal
PROCEEDING:
Appeal under s 669A(1A) Criminal Code
ORIGINATING COURT:
District Court at Rockhampton
DELIVERED ON:
30 August 2002
DELIVERED AT:
Brisbane
HEARING DATE:
15 August 2002
JUDGES:
Williams JA, Mackenzie and Holmes JJ
Separate reasons for judgment of each member of the court, each concurring as to the orders madeORDERS:
Allow the Attorney-General’s appeal.1.
Set aside the order of the District Court at Rockhampton permanently staying the proceedings upon the indictment and discharging the accused. 2.
Order that the trial be adjourned to a date to be fixed, to be determined according to law.3.
CATCHWORDS:
APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – WHEN GRANTED - where respondent charged with indecent treatment of a child under 12 and under care – where it was ordered that the proceedings on the indictment be permanently stayed – where Attorney-General appeals the order to stay - whether the learned trial judge erred in the exercise of his discretion to stay the indictment
Jago v District Court (New South Wales) (1989) 168 CLR 23, considered
Longman v The Queen (1989) 168 CLR 79, considered
R v S [2000] 1 Qd R 445, considered
Walton v Gardiner (1993) 177 CLR 378, consideredCOUNSEL:
P F Rutledge for the appellant
B G Devereux for the respondent
SOLICITORS:
The Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent
WILLIAMS JA: The reasons for judgment of Mackenzie J clearly demonstrate that the learned District Court judge erred in ordering that proceedings on the indictment in question be permanently stayed. The appeal by the Attorney-General should be allowed and orders made as proposed by Mackenzie J.
MACKENZIE J: The respondent was arraigned and pleaded not guilty to an indictment charging him that on a date unknown between 1 May 2000 and 21 September 2000 he wilfully and unlawfully exposed a girl under the age of 12 years in his care to an indecent act. In a letter dated 31 May 2001 it was stated:
“The particulars relied upon by the crown are that on an occasion between the 1st May 2000 and the 20th September 2000 at [the respondent’s residence] in the accused bedroom whilst the complainant was in the room the accused injected his penis with a syringe and played with his penis. The complainant was called into the accused room from the lounge room when she was watching the secret world of Alex Mac on Television.
Please note that the particulars supplied are not those of the trial prosecutor and may be subject to change when the matter is listed for trial.” [sic]
After hearing lengthy submissions the learned District Court judge ordered that the proceedings…
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- R v W; ex parte [2002] QCA 329
- Case
- [2002] QCA 329
- Decision Date
CaseChat Overview and Summary
The central legal issue the court had to address was whether the trial judge erred in permanently staying the proceedings against the respondent. The court needed to determine if the trial judge had considered all relevant factors and exercised his discretion appropriately, particularly given that the respondent was under the care of a guardian and the charges related to serious offences involving a child under 12.
In examining the trial judge's decision, the court found that the judge had not adequately considered the principle that criminal proceedings should not be permanently stayed unless there are compelling reasons to do so. The court held that the trial judge had failed to sufficiently weigh the public interest in bringing the accused to justice against the respondent's personal circumstances. The court also noted that the trial judge had not sufficiently considered the impact of the charges on the child and the broader community. Consequently, the court concluded that the trial judge had indeed erred in exercising his discretion to permanently stay the proceedings.
The court allowed the Attorney-General's appeal, set aside the order of the District Court permanently staying the proceedings on the indictment, and ordered that the trial be adjourned to a date to be fixed. The court emphasised the importance of carefully considering all relevant factors when deciding whether to stay criminal proceedings, particularly in cases involving serious offences against children.
Orders
Orders of the court
Allow the Attorney-General’s appeal.1.
Set aside the order of the District Court at Rockhampton permanently staying the proceedings upon the indictment and discharging the accused. 2.
Order that the trial be adjourned to a date to be fixed, to be determined according to law.3.
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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