DISTRICT COURT OF QUEENSLAND
CITATION:
The Queen v Paton [2021] QDCPR 41
PARTIES:
THE QUEEN
(appellant)
v
JAHMAL ANTHONY PATON
(respondent)
FILE NO:
782/21
DIVISION:
Criminal
PROCEEDING:
Application pursuant to s 590AA of the Criminal Code 1899 (Qld)
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
8 July 2021
DELIVERED AT:
Brisbane
HEARING DATE:
1 July 2021
JUDGE:
Smith DCJA
ORDER:
1. I direct that Counts 12, 13 and 14 be severed from the indictment and a separate trial be held on those counts.
2. I otherwise dismiss the application.
CATCHWORDS:
CRIMINAL LAW – PROCEDURE – INFORMATION, INDICTMENTS OR PRESENTMENT – JOINDER OF COUNTS – where the defendant is charged with a number of “ram raids” and a burglary- whether the offences are of the same or similar character – whether the prejudicial effect outweighs the probative value
LEGISLATION:
Criminal Code 1899 (Qld) ss 567, 590AA, 597A
CASES:
Pfennig v R [1995] HCA 7; 182 CLR 461, applied
Phillips v R [2006] HCA 4; 225 CLR 303, applied
R v Cogley [1999] VSCA 123, applied
R v Cranston [1988] 1 Qd R 159, applied
R v MAP [2006] QCA 220, appliedCOUNSEL: Ms S Farrelly for the Crown
Mr M Bonasia for the defendant
SOLICITORS: Office of the Director of Public Prosecutions for the Crown
Howden Saggers Lawyers for the defendant
Introduction
This is an application pursuant to s 590AA(2)(b) of the Criminal Code 1899 (Qld) by the defence to sever various counts on the indictment and for separate trials.
The charges
The defendant is charged as follows:
(a)Counts 1, 2 and 3 allege what is commonly referred to as a “ram raid” of a Prouds Jewellery store at the Logan Central Plaza on 20 December 2019.
(b)Counts 4, 5 and 6 relate to a ram raid on a Prouds Jewellery store at Runaway Bay Shopping Centre on 4 January 2020.
(c)Counts 7, 8, 9, 10 and 11 relate to a ram raid on a Prouds Jewellery store at Pines Shopping Centre on 17 January 2020. Count 9 alleges the use of a black handgun to assault by threat of a security officer and Count 11 is the arson of a car that was used.
(d)Counts 12, 13 and 14 relate to a burglary offence in Brookfield.
(e)Counts 15, 16, 17 and 19 relate to a ram raid at Wallace Bishop and Prouds Jewellery stores at the Toombul Shopping Centre on 25 January 2020.
(f)Count 20 concerns a firearm located by police at the time of the search of the defendant’s hotel room on 25 January 2020.
The facts
In 2019, the Queensland Police Service commenced Operation “Sierra Mudbulls” to investigate ongoing break and enter offences in jewellery stores across shopping centre in south east Queensland and northern New South Wales.
Counts 1 to3 - Offending at Logan Central Plaza
On or about 14 or 15 December 2019 it was reported to police that a blue Kia Sorrento (496YOO) had been stolen from Murwillumbah.…
Continue reading The Queen v Paton
Sign in free to access the full text
- AGLC
- The Queen v Paton [2021] QDCPR 41
- Case
- [2021] QDCPR 41
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the counts should be severed due to the prejudicial effect that trying them together might have on the defendant. The court had to consider whether the offences were of the same or similar character and whether the probative value of the evidence outweighed any potential prejudice. This required a detailed analysis of the nature of the offences, the evidence linking the defendant to each offence, and the potential impact of trying the counts together on the fairness of the trial.
The court deliberated on the nature of the offences, noting that they were all related to ram raids and a burglary, which are similar in character. However, the court found that the probative value of trying the counts together was significant in establishing the defendant's criminal enterprise and modus operandi. The court held that the prejudicial effect, if any, was not so substantial as to outweigh the probative value of the evidence when considered in the context of the entire trial. Consequently, the court declined to exercise its discretion to sever the counts.
The court made specific orders regarding the severance of certain counts. It directed that Counts 12, 13, and 14, relating to the burglary in Brookfield, be severed from the indictment and tried separately. This decision was based on the court's finding that these counts, while similar in nature, could be more prejudicial if tried alongside the other ram raid charges. The court otherwise dismissed the application to sever the other counts, allowing them to proceed together in the trial.
Orders
Orders of the court
1. I direct that Counts 12, 13 and 14 be severed from the indictment and a separate trial be held on those counts.
2. I otherwise dismiss the application.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.