QLD How to get QP9 between court dates, possible reason matter being moved to district court?

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Joshbuck

Well-Known Member
4 November 2019
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QLD
I’m trying to help my brother with a criminal matter. He’s not the sharpest in the shed and tbh I think he’d rather drink after work everyday than think about what’s going to happen.
Even when he is trying he seems to have trouble understanding what’s happening and what he needs to do. So I’m here 3 hours away trying to help him.
Thought I’d provide some context because I imagine I’ll have more questions on this soon.

I told him to ask his duty solicitor for his QP9 when he goes to court. He sends me a QP125 (witness statement)
Can he call the police station or courthouse for a copy of his QP9 emailed?
Can I call them for it?
Or at least conference call with him on the phone to give permission for me to speak on his behalf, people find talking with him on the phone hard sometimes.


After multiple adjournments (trying to organise legal aid) the matter has been raised to the district court. I don’t know many people who’ve ever had to go to district court, I’m not familiar at all.
Why could this have happened and what could it entail?

I don’t know what the charges are but what I can glean from the witness statement is that he may be charged with break and enter his own place of residence as stated by a witness “defendant had been staying at the address for a short time but was asked to leave tonight when his behaviour became concerning”
Idk what constitutes “a short time” but he’d been staying there for weeks, paying rent.
Destroy property, there’s a broken tv they’re saying he broke, he’s telling me was already broken.
Assault, they found blood identified as the plaintiff/victim’s.
And apparently the break and enter charge could be more serious because he turned off their electricity, what more serious charge could they be talking about?

Days later he contacted the police and handed himself in to give a statement and be charged (I don’t believe there was a warrant for his arrest) during his statement he admitted to being impaired, alcohol and some kind of prescription medication I think. Should I ask for a copy of his statement so I can find out how much damage he’s done himself by talking?
He doesn’t even remember everything he said.

On his notice to appear, under offence it just says “enter dwelling + commit indictable offence + COA”
What does this mean and what is COA an abbreviation of?
 

Joshbuck

Well-Known Member
4 November 2019
32
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121
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QLD
There was 2 other men at the house during the scuffle and they intervened, my brother was also assaulted, his lip was busted and he went to hospital but he hasn’t laid any charges himself, can and should he?

They will say he was defending himself but what I want to know is, would hospital records & photos showing that my brother also got injured help his defence?-
You know, show that it’s 2 young men having a fight and not a plain unreciprocated assault from a madman who’s just broken in.
 

Bill Murray

Well-Known Member
6 June 2018
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His injuries will not necessarily help his defence but he sure as s**t should have them documented.

He can just go into a police station and ask for a copy but they'll likely direct him to police prosecutions. Contact numbers are listed on the QPS website.

He also needs to see a lawyer.

I'm just guessing here but if he's been charged with enter and commit with a COA it's likely he's going to face an enter and commit charge, a charge for the actual indictable he committed (no idea what, probably some form of assault) and the COA will either be uses violence, at night or they damage property.

I'd say he has been charged with this:
CRIMINAL CODE 1899 - SECT 419 Burglary

He should have a bench charge sheet listing the charges, if not, ask prosecutions for one.
 

Car

Active Member
11 January 2018
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District is more serious than magistrates Court, the fact he turned the power off could make it "aggrevated" which is probably why he's going to district court also the fact he would have or should have known someone was home. Was he on the lease? If not once asked to leave he really has no legal right to be there as unfair as it seems.
 

Joshbuck

Well-Known Member
4 November 2019
32
0
121
24
QLD
I'd say he has been charged with this:
CRIMINAL CODE 1899 - SECT 419 Burglary

He should have a bench charge sheet listing the charges, if not, ask prosecutions for one.[/QUOTE]

Yea that’s exactly what he was charged with.
So life imprisonment is a possibility, but it is his first offence. He’s had driving charges before, that’s it.
And it’s not the same circumstance as this crime would usually be committed, the judge must take that into account.

Yes he does need a lawyer but it has to be legal aid and they can’t do anything without the QP9... I’ll have more info tomorrow.
Thanks guys