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Date of convictions; convicted after trial before Lynham DCJ and jury; trial judge raised question of amendment of indictment with prosecutor, who did not hold commission to prosecute; accused arraigned and trial commenced on copy of new indictment, which contained amendments; new indictment, which existed at time of presentation of copy and had since arrived in accordance with prosecutor’s undertaking, substituted for copy during trial; defence counsel agreed to course taken.
Notice of Appeal Filed
File Number: CA227/21
16 Sep 2021
Notice of appeal against conviction filed.
Appeal Determined (QCA)
[2022] QCA 152
19 Aug 2022
Appeal against convictions allowed, convictions set aside, retrial ordered (Williams J ordering a new trial rather than a retrial); miscarriage of justice; noncompliance with Code s 560; trial a nullity; defence could not waive irregularity; proviso could not apply (in obiter, Williams J not expressing a view, that the amendment could have been effected under Code s 572): Mullins P, Morrison JA, Williams J.
Appeal Status
Appeal Determined (QCA)
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