The Queen v J M [No 2]

Case [2011] ACTSC 60


THE QUEEN v J M [NO 2]
[2011] ACTSC 60 (21 April 2011)

CRIMINAL LAW – jurisdiction practice and procedure – trial by judge alone – charges of neglect of children – accused found guilty.
CRIMINAL LAW – particular offences – offences against the person – neglect of children – elements of offences – meaning of neglect – whether actual harm required – whether mental element required.
EVIDENCE – admissions and declarations – effect of admissions.

Evidence Act 1995 (Cth), s 184

Evidence (Miscellaneous Provisions) Act 1991 (ACT), s 91
Supreme Court Act 1933 (ACT), ss 68B, 68C
Children and Young People Act 1999 (ACT), Pt 7.3
Crimes Act 1900 (ACT), s 39

Fleming v The Queen (1998) 197 CLR 250
R v DM [2010] ACTSC 137
R v Mulcahy [2010] ACTSC 98
Di Lena v Western Australia (2006) 165 A Crim R 482
R V JM [2010] ACTSC 35
R v Senior [1899] 1 QB 283

No. SCC 482 of 2008

Judge:             Refshauge J
Supreme Court of the ACT

Date:              21 April 2011

IN THE SUPREME COURT OF THE     )
  )          No. SCC 482 of 2008
AUSTRALIAN CAPITAL TERRITORY )          

R

v

J M

ORDER

Judge:  Refshauge J
Date:  21 April 2011
Place:  Canberra

THE COURT FINDS THAT:

  1. On the first count on the indictment, JM is guilty.

  1. On the second count on the indictment, JM is guilty.

  1. On the third count on the indictment, JM is guilty.

  1. On the fourth count on the indictment, JM is guilty.

  1. Police and Child Protection Workers visited the home of the accused, J M (whose name and the names of whose children are the subject of a non-publication order under s 91 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT)), between 2 and 22 June 2008. As a result of the observations made during those visits, charges were laid against JM.

  1. The indictment in this matter contained four counts as follows:

FIRST COUNT:         ... that between 2 June 2008 and 22 June 2008, at Canberra in the Australian Capital Territory, she neglected a child, namely L S, for whom she had parental responsibility.

SECOND COUNT:     ... that, between 2 June 2008 and 22 June 2008, at Canberra in the Australian Capital Territory, she neglected a child, namely J S, for whom she had parental responsibility.

THIRD COUNT:        ... that, between 2 June 2008 and 22 June 2008, at Canberra in the Australian Capital Territory, she neglected a child, namely L2 S, for whom she had parental responsibility.

FOURTH COUNT:     ... that, between 2 June 2008 and 22 June 2008, at Canberra, in the Australian Capital Territory, she neglected a child, namely L3 S, for whom she had parental responsibility.

The proceedings

  1. The accused appeared in the Magistrates Court on 26 June 2008 and was committed for trial on 16 December 2008.

  1. On 7 July 2009, she made an election under s 68B of the Supreme Court Act 1933 (ACT) for trial by a judge without a jury and was arraigned on 18…

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Details
AGLC
The Queen v J M [No 2] [2011] ACTSC 60
Case
[2011] ACTSC 60
Decision Date

CaseChat Overview and Summary

The Queen brought charges against JM, who was accused of neglecting four children. The case was heard by a judge alone in the court. The charges included neglect of children, which required the court to determine whether actual harm or a mental element was necessary for these offences to be committed.

The court had to decide on the meaning of neglect and whether it required actual harm to the children or if a mental element was sufficient. Additionally, the court had to consider the effect of admissions made by JM during the proceedings. The key issue was whether the neglect charges were correctly applied based on the evidence and admissions provided.

The court found JM guilty on all four counts of neglect of children. The reasoning behind the decision included the interpretation of neglect as not necessarily requiring actual harm, and the admissions made by JM were considered significant in reaching the verdict. The court concluded that the neglect charges were appropriately applied based on the evidence and admissions.

The final orders were that JM was found guilty on all four counts of neglect of children. The court's decision clarified the interpretation of neglect and the role of admissions in such cases.

Orders

Orders of the court

1. On the first count on the indictment, JM is guilty.

2. On the second count on the indictment, JM is guilty.

3. On the third count on the indictment, JM is guilty.

4. On the fourth count on the indictment, JM is guilty.

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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