R v Alt

The applicant supervises and carries out work to strip down stolen graders and other property.

Applicant agrees to sell the boat and trailer for $75,000.00 and takes $20,000.00 as a holding deposit.

Applicant represents to Queensland Transport that he is the owner of the boat and trailer, in order to obtain registration in the name of the buyer.

Police investigate two shipping containers containing stolen goods, including stolen graders.

Police attend 62 Heritage Drive, Mount Nathan; locate a large amount of stolen heavy machinery including stolen bobcat, backhoe, Mitsubishi truck.

Indictment No 412 of 2004 (later replaced by indictment 3) presented.

Indictment No 24 of 2005 (later replaced by indictment 2) presented.

Indictment 412/04 listed for sentence on 15 June 2005.

Indictment 412/04 delisted as Southport matters not ready to proceed.

Crown seek relisting of indictment 412/04 due to "possible 13A investigations".[93]

Indictment 412/04 adjourned as Queensland Police Service require further 4 weeks.

Indictment 412/04 delisted as Police had not finalised 13A investigations.

Re indictment 412/04: defence advised not in a position to proceed as defendant interstate and advised he will not return.

Applicant picked up and recommitted to the District Court.

"Advised matter to take certain course - adjourned as defendant assisting police".[94]

Defence instructed to list all three matters for sentence; listed for sentence on 8 April 2008.

Indictment 1 reviewed before Newton DCJ; bail revoked and warrant issued for the arrest of the applicant. Defence lost contact and withdrew.

Correspondence seeking matters to be recommitted to the District Court at the next mention on 10 January 2012; copies of indictments before District Court provided to both parties.

Indictment 1 reviewed by McGinness DCJ at District Court callover; adjourned to 5 June 2012.

Indictment 1 reviewed by Newton DCJ at District Court callover; adjourned to 16 July 2012.

Indictment 1 reviewed by Martin DCJ at District Court callover; adjourned to callover 23 August 2012.

Crown provided defence with schedule of facts for all matters.

Indictment 1 reviewed by Wall DCJ at District Court callover; listed for Section 590AA hearing on 19 October 2012.

Crown received urgent request for further material for Section 590AA hearing.

"material on hand disclosed ... req sent to AO".[95]

Crown received letter requesting balance of material.[96]

Crown advised defence that material was not going to be available and Crown would seek all matters be delisted.

Defence requests confirmation from Crown that Crown would seek to adjourn all matters.

Crown advises defence that the matter was listed for mention on 15 October 2013, for Crown application to adjourn all matters.

Indictment 1 reviewed by McGinness DCJ; Section 590AA hearing delisted and rescheduled for 6 December 2012; directions as to outlines (Applicant's outline to be filed and served by 29 November 2012); and listed for mention on 15 November 2012 (to confirm s 590AA hearing ready to proceed).

Indictment 1 reviewed by O'Brien DCJ; adjourned to 6 December 2012.

Indictment 1, 2 and 3 before Wall DCJ.[97] Defence failed to file outline. On all indictments: applicant arraigned, plea of guilty entered, listed for sentence on 8 February 2013, and bail enlarged.

Crown received undertaking from the applicant (signed on 28 November 2012).

Indictment 1, 2 and 3 before Wall DCJ; bail enlarged, and sentencing adjourned until 20 May 2013 so that Crown can make enquiries.

Advised the defence "no 13A no future proceedings".

Indictment 1, 2 and 3 before Clare DCJ; applicant remanded in custody, and matter adjourned until 21 May 2013.

Clare DCJ convictions on all counts and sentences imposed on all counts.

[1] Count 6 and 7 on Indictment 3 were in the alternative.

[2] Indictment No 370 of 2001, presented 22 June 2001.

[3] Indictment No 432 of 2012, presented 6 December 2012. Formerly indictment No 24 of 2005, presented 6 April 2005.

[4] Indictment No 433 of 2012, presented 6 December 2012. Formerly indictment No 412 of 2004, presented 29 October 2004.

[7] Statement of S W Alt, dated 18 December 2010, at para 10; AR 69.

[10] Count 2 - break and enter with intent to commit an indictable offence.

[11] See Crown's submissions (AR 31-32), learned primary judge's reasons (AR 50-51), defence's written sentencing submissions (AR 75-76) and Crown's "time line" ("chronology") (AR 95-96). The bench warrants were issued on 31 October 2001 (AR 3, 31, 75 and 95), 5 November 2004 (AR 31, 75 and 95), 19 January 2006 (AR 31, 76 and 95) and 8 April 2008 (AR 3, 32, 76 and 95).

[12] A reference to a proposed undertaking to cooperate.

[13] From the chronology this started in November 2004 when the second bench warrant issued.

[14] R v Phillips & Woolgrove [2008] QCA 284 at [56].

[15] R v L; ex parte Attorney-General (Qld) [1995] QCA 444; [1996] 2 Qd R 63 at 66-67; [1995] QCA 444.

[16] R v L; ex parte Attorney-General (Qld) at 66.

[19] The phrase "act of" should probably read "active".

[21] R v L; ex parte Attorney-General (Qld) [1995] QCA 444; [1996] 2 Qd R 63 at 66.

[22] R v Phillips & Woolgrove [2008] QCA 284.

[23] R v Tiburcy [2006] VSCA 244; (2006) 166 A Crim R 291 at 292; [2006] VSCA 244.

[24] R v Cockerell (2001) 126 A Crim R 444; [2001] VSCA 239.

[25] R v L; ex parte Attorney-General (Qld) [1995] QCA 444; [1996] 2 Qd R 63 at 66.

[26] Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59 at 64.

[27] R v Todd [1982] 2 NSWLR 517 at 519-520.

[29] Applicant's Outline of Submissions, filed 1 August 2013, page 4.

[30] R v Phillips & Woolgrove [2008] QCA 284 at [56].

[31] R v L; ex parte Attorney-General (Qld) [1995] QCA 444; [1996] 2 Qd R 63, at 66-67.

[32] R v Shore (1992) 66 A Crim R 37 at 47. See also: R v Whyte [2004] VSCA 5 at [25].

[33] R v Thompson (1987) 37 A Crim R 97.

[34] R v Thompson (1987) 37 A Crim R 97, adopted in Shore (1992) 66 A Crim R 37 at 45-46; R v Kukunoski (unreported, New South Wales Court of Criminal Appeal, 17 August 1989) where the delay was caused by the applicant's election to plead not guilty.

[35] R v Whyte [2004] VSCA 5.

[36] R v Whyte at [25], adopting R v Thompson (1987) 37 A Crim R 97 at 100 per Street CJ.

[37] R v Sparks; R v D Stracey; R v P Stracey [2010] NSWSC 1512.

[38] R v Sparks; R v D Stracey; R v P Stracey [2010] NSWSC 1512 at [50].

[39] R v Sparks; R v D Stracey; R v P Stracey [2010] NSWSC 1512 at [50].

[40] R v Suarez [2012] QCA 190 at [29].

[52] The words "act of" should probably read "active".

[57] Austin was the subject of the robbery.

[62] Count 6 and 7 on Indictment 3 were in the alternative.

[65] Counts 1, 2, 5, 6 and 7, Indictment 2.

[70] R v Morse (1979) 23 SASR 98 at 99.

[71] Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520, at 538-539 [59]-[60].

[72] [2000] HCA 54; (2000) 202 CLR 321 at 325 [6].

[73] [2001] HCA 64; (2001) 207 CLR 584 at 605 [58].

[74] [2001] HCA 64; (2001) 207 CLR 584 at 605 [58].

[75] [2010] NSWCCA 108; (2010) 76 ATR 249 at 261 [42].

[76] [2010] NSWCCA 108; (2010) 76 ATR 249 at 261 [41].

[77] [2010] NSWCCA 108; (2010) 76 ATR 249 at 261 [41].

[78] Hili v The Queen at 539-540 [62].

[79] House v The King (1936) 55 CLR 499 at 505; see also R v Major; ex parte A-G (Qld) [2011] QCA 210 at [88]- [90]; and Carroll v The Queen [2009] HCA 13 at [8]- [9].

[81] Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 at 537 [54].

[82] Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 at 537 [54] quoting in approval Simpson J in Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 at [303]- [305].

[83] R v Norton [1995] QCA 277.

[84] R v Norton [1995] QCA 277 at page 3.

[85] R v Norton [1995] QCA 277 at page 5.

[86] R v Chapman and Attorney-General [1998] QCA 476.

[87] R v Ross [2004] QCA 21.

[88] R v Kitching [2003] QCA 539.

[89] R v Kitching [2003] QCA 539 at page 4.

[90] R v Mather [1999] QCA 226.

[91] In fact the complainant in the robbery charge has since died.