‘Very frustrating’: Charges being split between Magistrates, District Court

Magistrates in Townsville have voiced their frustrations with a growing practice of shuffling criminal charges between courts.

Townsville Courthouse

Magistrates in Townsville have begun voicing their frustrations with a growing practice of splitting charges between courts.

The first instance observed by the Townsville Bulletin occurred when a man was sentenced in the Supreme Court for a large amount of drugs and money found in his possession during an RBT stop.

Justice Lincoln Cowley sentenced the man to three years imprisonment, but less than 24 hours later the man reappeared in court - this time in the lowest court, before Magistrate Rhianna Lee, for a number of drug driving charges, break and enters, unlawful use of motor vehicle and thefts.

Magistrate Lee said it was “very frustrating” to be handed charges that should’ve been put before Justice Cowley yesterday.

The department responsible for handling charges in the District or Supreme Court is the Office of the Director of Public Prosecutions (ODPP).

Todd Fuller is the Queensland Director of Public Prosecutions (DPP). Pic: Annette Dew

An ODPP spokesperson told the Townsville Bulletin there was a “legitimate reason” why the man’s matters were not transferred up to District and dealt with together, but declined to explain them.

On another recent occasion, Magistrate Richard Lehmann expressed similar frustration when 30 charges were put before him in relation to two co-accused men.
These charges were serious and included unlawful use of motor vehicle, fraud, enter dwelling and commit, and more.

Mr Lehmann said he “didn’t understand” why he was being expected to sentence the two men when they’d recently been before a District Court judge for armed robbery.

“I’ve said it before, the District Court would’ve been in a much better position to have done it all and sentenced both defendants in relation to the totality of their offending,” Magistrate Lehmann said.

“I cannot see how the District Court would not have given him a larger sentence if they had the totality.”

Magistrate Lehmann said if the ODPP “didn’t wish to proceed that way” and take all the charges up to a judge, then “it is what it is”.

“A judge can’t force the ODPP to proceed that way, so we’re left where we are,” he said.

The scenario happened again a few days later, when a man was sentenced in District Court for armed robbery and assault.

The next morning, that same man was in the Magistrates Court for contravention of a probation order.

An ODPP spokesperson said charges in the Magistrates Court are the responsibility of the Police Prosecution Corps, and the ODPP only takes carriage of charges once they are “committed to the higher court”.

“Offences which are indictable, but can be dealt with in the Magistrates Court, can remain in that court at the defence election or in a rare case of prosecution election,” the spokesperson said.

In regards to the two co-offenders before Magistrate Lehmann, the ODPP also said there were “legitimate reasons” for why these charges were not consolidated, but did not explain the reasons.

Originally published as ‘Very frustrating’: Charges being split between Magistrates, District Court