R v Trewin [2015] ACTSC 157

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - Prosecution - Remission of transferred matters to the Magistrates Court

Crimes Act 1900 (ACT), ss 26, 30, 116(3),

Drugs of Dependence Act 1989 (ACT), s 171(1)(b)

Firearms Act 1996 (ACT), s 249(1)

Magistrates Court Act 1930 (ACT), s 94(2)

Supreme Court Act 1933 (ACT), Pt 8, s 68CA, 68F

1. On 21 April 2015, Simon Trewin was committed for trial on charges of threat to kill contrary to s 30 of the Crimes Act 1900 (ACT) and three offences relating to drugs, being a charge of possessing equipment for cultivating a controlled plant, contrary to s 621 of the Criminal Code 2002 (ACT); cultivating a traffickable quantity of cannabis, contrary to s 616(5) of the Criminal Code; and trafficking in a traffickable quantity of cannabis contrary to s 603(5) of the Criminal Code.

2. At the same time, under s 94(2) of the Magistrates Court Act 1930 (ACT), a number of related offences were also transferred to this Court, being a count of intentionally causing damage, other than by fire or explosive, contrary to s 116(3) of the Crimes Act; a count of possession of ammunition, contrary to s 249(1) of the Firearms Act 1996 (ACT); a count of assaulting Cynthia Rakic, contrary to s 26 of the Crimes Act; and a count of possessing a prohibited substance, greater than 25 grams of cannabis contrary to s 171(1)(b) of the Drugs of Dependence Act 1989 (ACT).

3. The Crown has now decided not to proceed with the prosecution of the charge of threat to kill and I received, and permitted to be filed in court, a Notice Declining to Proceed in that matter.

4. That leaves, however, the three drug-related matters for which Mr Trewin has been committed to this Court to proceed as a trial in this Court. It is submitted that it is no longer appropriate for the non-drug matters, that were transferred under s 94 of the Magistrates Court Act, to be dealt with in this Court and I have been asked to remit them to the Magistrates Court under s 68F of the Supreme Court Act 1933 (ACT). The Court is empowered, at any time, to remit such offences to the Magistrates Court to be dealt with in that Court.

5. I have been asked therefore to remit to the Magistrates Court the offences of intentionally causing damage other than by fire or explosive, possessing ammunition and assaulting Cynthia Rakic. It seems to me, in the circumstances, that it would be difficult to deal with those matters as required under Pt 8 of the Supreme Court Act in the trial or at the conclusion of the trial for the drug matters because they are not related matters to the charges that remain for trial in this Court. See the definition of "related offence" in s 68CA of the Supreme Court Act.

6. The evidence is unlikely to be admissible or relevant and that would require further evidence which is inconsistent with the approach set out in Pt 8 of the Supreme Court Act. That will leave one transferred offence to be dealt with in the court, namely the offence of possessing a prohibited substance (CC2015/01126) which is clearly a related offence with respect to the remaining offences committed for trial to this court..

7. Accordingly, I will remit those matters, namely the offence of damaging property (CC2015/646), the offence of possessing ammunition (CC2015/648) and the offence of common assault (CC2015/994), to the Magistrates Court.

I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Chief Justice Refshauge.