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R v BDT[2022] QCA 152

Reported at (2022) 11 QR 429
CITATION: R v BDT [2022] QCA 152
JUDGE(S): Mullins P, Morrison JA, Williams J
DELIVERED ON: 19 August 2022
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Editorial Notes

  • Published Case Name:

    R v BDT

  • Shortened Case Name:

    R v BDT

  • Reported Citation:

    (2022) 11 QR 429

  • MNC:

    [2022] QCA 152

  • Court:

    QCA

  • Judge(s):

    Mullins P, Morrison JA, Williams J

  • Date:

    19 Aug 2022

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC4791/21 (No citation)18 Aug 2021Date 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 FiledFile Number: CA227/2116 Sep 2021Notice of appeal against conviction filed.
Appeal Determined (QCA)[2022] QCA 15219 Aug 2022Appeal 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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