Christopher David Brown v The State

• Jurisdiction: Papua New Guinea
• Judge: Woods J, Los J, Sakora J
• Judgment Date: 01 July 1993
• Citation: [1993] PNGLR 430
• Court: Supreme Court
• Year: 1993
• Judgement Number: SC444

Supreme Court: Woods J, Los J, Sakora J

Judgment Delivered: 1 July 1993

SC444

PAPUA NEW GUINEA

[In the Supreme Court of Justice]

SCA No. 76 of 1991

CHRISTOPHER DAVID BROWN (Appellant)

-V-

THE STATE (Respondent)

Mount Hagen : WOODS, LOS, SAKORA, JJ.

24 May 1993, 1 July 1993

CRIMINAL LAW — PRACTICE & PROCEDURE — Application for discharge — Failure to present indictment at end of the sittings at his place of trial next following the application — place of trial — meaning and intent of Criminal Code S.552

Cases Cited:

R v. Byrne [1971-72] PNGLR 1

State v. Yasim [1983] PNGLR 111

A. MacDonald for the Appellant

V. Noka for the State

BY THE COURT: This is an Appeal against the ruling of His Honour Justice Salika given on 4th July 1991 at Waigani when he dismissed an Application under Section 552(4) of the Criminal Code to have the Accused discharged.

On 8th February 1991 the District Court at Boroko committed the Accused to stand trial on one count of misappropriation and one count of corrupt commission. The Accused was granted bail and ordered to appear before the National Court on 25th February for listing, this being part of the Criminal procedure for the efficient listing of criminal trials. At the mention on 25th February Counsel for the Accused made an application pursuant to Section 552(2) of the Criminal Code to be brought to trial.

The presiding Judge at this mention adjourned the matter for trial on the 8th July 1991. This was done in accordance with the current listing procedures to give the accused, immediately after committal, a firm date for trial a right enforced by S.552. This trial date thereby gives the Accused his turn in the order of committal with others. It is not possible in this listing procedure for an accused to in effect jump the queue.

On 8th May 1991 the Accused applied by way of originating summons for an order discharging him from further prosecution pursuant to s.552(4) of the Code. The indictment against the Accused was served on the Accused on 1st July 1991 and the matter came on for trial on 4th July 1991. At that time the Application filed on 8th May was heard and the Trial Judge found there was no merit in the application and dismissed it. For other reasons the trial of the Accused did not proceed on that date and the trial was adjourned. This Appeal was then filed and the further trial was stayed pending hearing of the Appeal.

The Appeal is that His Honour erred in fact and in law in finding that s.552(4) of the Criminal Code did not entitle the Appellant to be discharged in respect of the...