Lawyer argues information from stabbing should be disclosed
THE lawyer for a man allegedly stabbed in prison has successfully argued material relating to the incident should be disclosed, on the basis his client's injury could mitigate the punishment handed down by the court.
Glenn Wayne Power, 43, appeared via videolink in the Bundaberg Magistrates Court yesterday charged with one count each of break and enter, wilful damage and drug possession.
The court heard Power was stabbed while in custody at the Maryborough Correctional Centre, allegedly by a fellow inmate - the brother of the man Power allegedly robbed.
During yesterday's request for the material to be disclosed, defence barrister Craig Ryan argued that numerous past cases in Queensland and News South Wales had determined that any punishment, including that inflicted outside the court system, could be taken into account when sentences were being considered.
"It's a well established principal of sentencing. It's very relevant to the issue of sentencing," he said.
Mr Ryan asked Magistrate Neil Lavaring to order he be allowed to access the crime report, medical evidence and any statements relating to the stabbing incident and the injuries suffered by his client.
Mr Lavaring agreed the material was relevant before Mr Ryan went on to criticise the police prosecution for not having the material ready to hand over.
"The issue I have your honour, is why didn't they have the material ready if they lost the argument They've known about this for two weeks," he said.
"My client now has to wait in custody waiting for them to get their act together."
But Police prosecutor Senior Constable Hayley Glover argued that yesterday's hearing was simply to determine if they were even required to hand the material over.
Although Mr Lavaring determined the defence was entitled to access the material relating to the incident at the Maryborough prison, he said the defence was required to indicate Power would plead guilty because the material was only relevant on the grounds of the sentencing.
The matter listed for sentencing on August 31, with the prosecution ordered to hand over the material before August 30.
Power remains in custody but has been moved from the Maryborough Correctional Centre.