An indictment signed by a person not authorised under s 126 of the Criminal Procedure Act 1986 (NSW) is invalid and a trial conducted on such an indictment is a nullity. The existence of a validly signed indictment on the court file does not cure the defect where that indictment was never validly substituted. Silence or acquiescence by the accused does not constitute consent to the substitution of an indictment under s 20.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
7 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.