DISTRICT COURT OF QUEENSLAND
CITATION:
The Queen v Munro [2022] QDC 80
PARTIES:
THE QUEEN
v
ROGER MUNRO
(defendant)
FILE NO:
1330/21
DIVISION:
Criminal
PROCEEDING:
Application pursuant to section 590AA of the Criminal Code.
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
8 April 2022
DELIVERED AT:
Brisbane
HEARING DATE:
13, 16 August and 9 October 2021, 22 February and 30 March 2022
JUDGE:
Smith DCJA
ORDER:
Application dismissed.
CATCHWORDS:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – APPLICATION TO SET ASIDE PLEA OF GUILTY – Whether plea should be set aside – where the defendant was charged with four counts of fraud – where the allegation was the defendant improperly dealt with moneys he received for investment – whether there was a Ponzi scheme – whether improper pressure placed on the defendant to plead guilty – whether plea advanced the defendant’s interests
LEGISLATION:
Criminal Code 1899 (Qld) s 590AA
CASES:
Hura v R (2001) 121 A Crim R 472, cited
Maxwell v R (1996) 184 CLR 501; [1996] HCA 46, cited
Meissner v R (1995) 184 CLR 132; [1995] HCA 41, cited
R v Carkeet [2009] 1 Qd R 190; 185 A Crim R 147; [2008] QCA 143, cited
R v DBY [2022] QCA 20, cited
R v EP [2020] QCA 109, followed
R v GV [2006] QCA 394, cited
R v Liberti (1991) 55 A Crim R 120, cited
R v Lovell [2012] QCA 43, cited
R v Mundraby [2004] QCA 493, followed
R v Murphy [1965] VR 187, cited
R v Nerbas [2011] QCA 199; [2012] 1 Qd R 362; 210 A Crim R 294, discussed
R v Sagiv (1986) 22 A Crim R 73, cited
R v Wade [2011] QCA 289; [2012] 2 Qd R 31, cited
R v WBA (No 2) [2018] QCA 360, citedCOUNSEL: Mr J Hunter QC with Miss A Freeman for the Commonwealth Director of Public Prosecutions
Mr I Munsie for the defendant
SOLICITORS: Commonwealth Director of Public Prosecutions for the Crown
McDonald Lawyers for the defendant.
Introduction
The defendant applies to set aside pleas of guilty.
The defendant pleaded guilty to three counts of fraud on 19 July 2021.
The trial was due to commence on 19 July 2021. It was the fifth trial listing of this matter since the indictment was presented on 12 March 2018.
There has been a considerable delay in the proceeding, namely:
(i)The first trial listing 11 March 2019 was adjourned at the request of the defendant on medical grounds;
(ii)The second trial listing 23 September 2019 was adjourned at the request of the prosecution due to the complainant for count 1 receiving cancer treatment;
(iii)The third trial listing 30 March 2019 was de-listed due to the Covid-19 pandemic;
(iv)The fourth trial listing 22 March 2021 was adjourned by consent due to the concerns of the trial Judge the trial would not be completed within the timeframe allocated.
Defendant’s submissions[1]
[1]Exhibit…
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- AGLC
- The Queen v Munro [2022] QDC 80
- Case
- [2022] QDC 80
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented by the defendant, which included his affidavit detailing his mental health conditions and physical health issues, and his allegations of improper pressure from his solicitor. The court also reviewed the bank account statements and other documentary evidence to assess the nature of the investment scheme. The court found that the evidence did not support the defendant's claims that the money was primarily used for trading, and instead, it appeared that the scheme had the hallmarks of a Ponzi scheme. The court concluded that the defendant had failed to establish any miscarriage of justice and that improper pressure was not exerted by the solicitor. Therefore, the application to set aside the plea of guilty was dismissed.
The final order of the court was to dismiss the application to set aside the plea of guilty. The defendant's plea of guilty would stand, and the case would proceed to sentencing.
Orders
Orders of the court
Application dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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