The Queen v Ogawa

[2008] QDC 338

DISTRICT COURT OF QUEENSLAND

CITATION:

The Queen v Ogawa [2008] QDC 338

PARTIES:

The Queen
v
Megumi Ogawa (accused)

FILE NO:

Brisbane 3019/07

DIVISION:

Criminal

PROCEEDING:

Directions hearing

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

22 December 2008

DELIVERED AT:

Townsville

HEARING DATE:

10 December 2008

JUDGE:

DURWARD SC, DCJ

ORDERS:

(1)       This matter is adjourned to 10 a.m. on Thursday 29 January 2009 at the District Court, Brisbane for mention appearance required, or for hearing of pre-trial applications, if any. 

(2)       The bail undertaking of the accused is enlarged on the present conditions, including those relating to medical or psychiatric treatment, to 10am on Thursday 29 January 2009.

(3)       The hearing of further pre-trial applications by the accused, if any, including applications for directions or for the exclusion of evidence to proceed on Thursday 29 January 2009 and (if necessary) Friday 30 January 2009, subject to the following directions:

(a)     That any application be in writing and disclose the grounds of the application and be filed in the Registry and served on the Commonwealth Director of Public Prosecutions by 4 p.m. on Monday 19 January 2009;

(b)       That a written Outline of Submissions by the accused be filed in the Registry and served on the Commonwealth Director of Public Prosecutions by 4 p.m. on Monday 19 January 2009;

(c)       That the Commonwealth Director of Public Prosecutions file a written Outline of Submissions in reply and serve it on the accused, by 4 p.m. on Friday 23 January 2009; and

(d)      That any Subpoena to Witness to give evidence and/or produce documents, on any pre-trial application,  be filed and served by 4 p.m. on Wednesday 21 January 2009.

(4)       The prosecution to make further disclosure, if any, of documents upon which it intends to rely on the trial by 4 p.m. on Monday 19 January 2009.

(5)       The trial with Judge and Jury to commence at 10 a.m. on Monday 9 March 2009 at the District Court, Brisbane.

CATCHWORDS:

PROCEDURE – Pre-trial directions hearing – Capacity of accused to prepare and appear on hearings and on trial without legal representation – psychiatric diagnoses or other reasons.

DIRECTIONS – further proceedings.

COUNSEL:

Mr D.R. Kent for the Prosecution
Accused was self represented

SOLICITORS:

Office of the Commonwealth Director of Public Prosecutions
Accused – no legal representation.

1. The accused was charged with four Commonwealth offences made pursuant to the Criminal Code.  She has been arraigned and has entered pleas of not guilty.  She has at all material times not been represented by lawyers.  That circumstance has been well documented in other material and in evidence and has been referred to in judgments of this Court and of the Supreme Court.

1. The accused was born in Japan (date of birth 24 October 1967) and was awarded a Law Degree at about age 23.  She commenced a Master of Laws degree at the National University of Japan in 1996 at about age 28.  After completing three years of that course she accepted a doctoral…