EXAMPLE – JOINDER COMPLAINT by robyniscrazy

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                         QUEENSLAND CORRECTIVE SERVICES
                           APPENDIX – JOINDER OF CHARGES
               Availability: Public    Implement Date: 28 August 2006

The Queensland Statutory Law relating to Joinder of Charges in relation to matters heard
in the Magistrates Courts is found in Section 43 of the Justices Act 1886. This area of law
exists to ensure that when a defendant is charged with numerous offences, he or she is
entitled to a separate hearing in relation to each matter if the alleged offences are
constituted by unrelated facts. Thus the defendant can be assured of a separate hearing
whereby guilt cannot be implicated by the simultaneous presence of unrelated and
unproven allegations.

As the Justices Act 1886 applies to the Complaint Summons and Warrant in relation to
contraventions of Community Based Orders it is necessary that the Complainant Officer
has some knowledge of Section 43 when joining complaints in relation to multiple orders.
Section 43 of the Justices Act 1886 outlines that complaints can only be properly joined
when the offences are allegedly constituted by the same act or omission or where the
offences are substantially founded on the same facts. In accordance with Sections 43,
Section 138(1) of the Penalties and Sentences Act 1992 outlines that complaints in
relation to Community Based Orders can only be properly joined when the matters of
complaint—

(a) are alleged to be constituted by the same act or omission; or
(b) are founded on substantially the same facts.

In many cases offenders contravening more than one Community Based Order will do so
by the same act or omission. For example, a person is subject to multiple orders and he
or she commits an offence during the currency of those orders. Committing the offence is
the same act that contravenes all orders, whether they be Probation, Community Service
or Intensive Correction, thus it is possible to join all matters of complaint relating to the re-
offence. Similarly, if the person fails to report as directed for an office visit on a specific
date, the person having been directed in relation to multiple orders, the failure to report is
the same act that constitutes the contravention of all orders; therefore the complaints can
be properly joined.

A situation where multiple complaints could not be joined would be a person subject both
to current Community Service and Probation Orders and the Probation is contravened by,
for example, failure to pay restitution, and the Community Service is contravened by failure
to perform on a specific date as directed. The complaints in this instance cannot be
properly joined, as the offences are not constituted by the same act or omission, or
founded substantially on the same facts, as non-payment of restitution and failing to
perform Community Service are entirely difference matters. Therefore to proceed with
these contraventions, it would be necessary to take out two separate complaints so the
defendant could have two separate hearings in relation to the matters if required.



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Section 43 of the Justices Act 1886 requires that when charges are joined they be set out
in separate paragraphs, although Section 138(3) and (4) of the Penalties and Sentences
Act 1992 exempts Complainant Officers from this requirement. It is therefore technically
possible for the Complainant Officer to "lump" several complaints into one paragraph.

Whilst this practice is lawful, it should only be done in limited circumstances as it can
create complaints so unwieldy and lengthy that they can become virtually
incomprehensible, and such a practice makes it much easier to overlook mistakes in the
body of the Complaint. This is especially the case when a contravention complaint relating
to several orders originating in different courts or on different dates is worded in the one
paragraph. It is thus a better practice to use the "and further" format in most cases.

With this being the case a separate paragraph exemption can be a useful tool in some
instances. For example, if a person receives 17 separate Probation Orders in the same
court on the same day for 17 separate offences, the exemption allows Complainant
Officers to compile a complaint as such—

       "........................ one John Adam Smith, being a person in whose case 17 Probation
       Orders were made on the 15th day of December 2002 in the Magistrates Court at
       Southport under the Penalties and Sentences Act 1992 in respect of 17 offences of
       Break, Enter and Steal did during the Probation period ......................".

If the exemption did not exist it would be necessary to set out such a Complaint in 17
separate paragraphs. If for example Smith then received another 5 Probation Orders in
the Southport Magistrates Court on the 16 December 2002 for a further 5 offences, the
Complaint could be linked in one "further" separate paragraph as such—

       "AND FURTHER

       ....................... one John Adam Smith, being a person in whose case 5 Probation
       Orders were made on the 16 day of December 2002 in the Magistrates Court at
       Southport under the Penalties and Sentences Act 1992 in respect of 5 offences of
       Break, Enter and Steal did during the Probation Period .............................".

As mentioned it would be possible to merge both complaints into one paragraph, but to do
so would not save any great amount of time and resources and would create a confusing
complaint for all parties involved.

The following are formats for Complaint and Summons and Complaint and Warrant for
contravention of multiple orders.




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                                         EXAMPLE – JOINDER COMPLAINT

                                                      [Form 3, v 4]

                                       QUEENSLAND
                                     Justices Act 1886
                            Penalties and Sentences Act 1992 s. 128
(Use section 129 If offender is subject to orders from differing jurisdictions and summons is
being made returnable to court of highest jurisdiction – refer Contravention of
Probation/Intensive Correction/Community Service Orders)

                                      COMPLAINT-SWORN, AND SUMMONS

THE COMPLAINT of Peter David White, an authorised corrective services officer of
Toowoomba in the State of Queensland, made this 7th day of April 2002 before the
undersigned, a Justice of the Peace for the said State, who says that on the 3rd day of
March 2002 at (breach location) in the State of Queensland, one John Adam Smith, being
a person in whose case a (type of order) was made on the 2 nd day of March 2001 in the
Toowoomba Magistrates Court under the Penalties and Sentences Act 1992 for a period
of 2 years (120 hours) in respect of offences of Unlawfully possess dangerous drug and
Unlawful use of motor vehicle, did during the period of the Order contravene without
reasonable excuse a requirement of the Order, namely ―must report to and receive visits
from an authorised corrective services officer as directed by the officer ―in that the said
John Adam Smith failed to report on 3rd day of March 2002 to an authorised corrective
services officer as directed contrary to the Act in such case made and provided:

AND FURTHER
That on the 3rd day of March 2002 at (breach location) in the State of Queensland, one
John Adam Smith, being a person in whose case a (type of order) was made on the 9th
day of September 2001 in the Brisbane Magistrates Court under the Penalties and
Sentences Act 1992 for a period of 6 months (40 hours) in respect of an offence of
Stealing did during the period of the Order contravene without reasonable excuse a
requirement of the Order, namely ―must report to and receive visits from an authorised
corrective services officer as directed by the officer ―in that the said John Adam Smith
failed to report on 3rd day of March 2002 to an authorised corrective services officer as
directed contrary to the Act in such case made and provided:

WHEREUPON the said Peter David White prays that I, the said Justice, will proceed in the
premises according to law.


Signature of Complainant: ....................................................

*Sworn/Affirmed before me the day and year first above mentioned, at Toowoomba in the
said State

..................................................
Justice of the Peace


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                      EXAMPLE JOINDER COMPLAINT & WARRANT


                                          [Form 1]
                                     QUEENSLAND
                                    Justices Act 1886
                        Penalties and Sentences Act 1992 s. 128
(Use section 129 If Offender is subject to orders from differing jurisdictions and summons
is being made returnable to court of highest jurisdiction – refer Contravention of
Probation/Intensive Correction/Community Service Orders)

To Wit,

THE COMPLAINT of Peter David White of Toowoomba in the State of Queensland, an
authorised corrective services officer,

made this 7th day of April 2002, before the undersigned a Justice of the Peace for the said
State, who says that on the 3rd day of March 2002 at (place breach occurred) one John
Adam Smith, being a person in whose case a (type of order) was made on the 2nd day of
March 2001 in the Toowoomba Magistrates Court under the Penalties and Sentences Act
1992 for a period of 2 years (+ hours in the case of community service orders) in respect of
offences of Unlawfully possess dangerous drug and Unlawful use of motor vehicle, did
during the period of the order contravene without reasonable excuse a requirement of the
order, namely ―must report to and receive visits from an authorised corrective services
officer as directed by the officer ―in that the said John Adam Smith failed to report on 3rd
day of March 2002 to an authorised corrective services officer as directed, contrary to the
Act in such case made and provided:

AND FURTHER
That on the 3rd day of March 2002 at (place breach occurred) in the State of Queensland,
one John Adam Smith, being a person in whose case a (type of order) was made on the
9th day of September 2001 in the Brisbane Magistrates Court under the Penalties and
Sentences Act 1992 for a period of 6 months (40 hours) in respect of an offence of
Stealing did during the period of the Order contravene without reasonable excuse a
requirement of the Order, namely ―must report to and receive visits from an authorised
corrective services officer as directed by the officer ―in that the said John Adam Smith
failed to report on 3rd day of March 2002 to an authorised corrective services officer as
directed contrary to the Act in such case made and provided:

WHEREUPON the said Peter David White prays that I, the said Justice, will proceed in the
premises according to law.

                                                               ..............................................
                                                              [complainant’s signature]

SWORN before me the day and year first abovementioned, at [town] in the said State.

                                                              ..............................................
                                                              A Justice of the Peace

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                                                                                        Warrant Number 97/02

                                                              Form 2
                                                         QUEENSLAND
                                                        Justices Act 1886
                                            Penalties and Sentences Act 1992 s. 128


                              Warrant in the First Instance to Apprehend a Person
                             Charged with an Indictable Offence or a Simple Offence

To all police officers in the State of Queensland

PERSON TO BE APPREHENDED: John Adam Smith
DATE OF BIRTH: 11.10.1982
ADDRESS: 2 James St Toowoomba

WHEREAS a Complaint has this day been made upon oath before the undersigned, a Justice of
the Peace for the said State, for that John Adam Smith on the 3rd March 2002, at (place breach
occurred), being a person in whose case a (type of order) was made on the 2nd March 2001 in the
Toowoomba for a period of 2 years (+ hours if community service order) in respect of offences of
Unlawfully possess dangerous drug and Unlawful use of motor vehicle, did during the period of the
order contravene without reasonable excuse a requirement of the Order, namely ―must report to
and receive visits from an authorised corrective services officer as directed by the officer ―in that
the said John Adam Smith failed to report on 3rd day of March 2002 to an authorised corrective
services officer as directed, contrary to the Act in such case made and provided.

AND FURTHER
That on the 3rd day of March 2002 at (place breach occurred) in the State of Queensland, one John
Adam Smith, being a person in whose case a (type of order) was made on the 9th day of
September 2001 in the Brisbane Magistrates Court under the Penalties and Sentences Act 1992
for a period of 6 months (40 hours) in respect of an offence of Stealing did during the period of the
Order contravene without reasonable excuse a requirement of the Order, namely ―must report to
and receive visits from an authorised corrective services officer as directed by the officer ―in that
the said John Adam Smith failed to report on 3rd day of March 2002 to an authorised corrective
services officer as directed contrary to the Act in such case made and provided:

These are therefore to command you, forthwith, to apprehend the abovementioned person and to
bring such apprehended person before some one or more justices for the said State, to answer to
the said complaint and be further dealt with according to law.

GIVEN under my hand, at:

Place: Toowoomba
Date: 7 April 2002

.....................................................
Justice of the Peace

Documents in respect of these proceedings are held at Toowoomba Probation and Parole
Office, Telephone No. (07) 4638 6400.




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