› Filing of Information, Presentment or Indictment
› Ex officio indictment containing both Commonwealth and State offences
› Whether indictment validly presented where signed by authorised person but presented by unauthorised person
› Whether pleas of guilty and convictions should be set aside
› Criminal Code 1899 (Qld), ss 560(2), 561
Criminal Law
› Appeal and New Trial
› Practice after Criminal Appeal Legislation
› Extension of time to appeal
› Whether extension should be granted where irregularity discovered after time expired
› Whether satisfactory explanation for delay
Criminal Law
› Appeal and New Trial
› Powers of Court of Appeal on allowing appeal
› Whether power to order new trial exists where indictment never validly presented
› Whether proceedings were a nullity
› Criminal Code 1899 (Qld), ss 668E(2), 669
Criminal Law
› Probation, Parole, Release on Licence and Remissions
› Federal offenders
› Non-parole period
› Whether Attorney-General can make retrospective parole order where non-parole period expired without order being made
› Crimes Act 1914 (Cth), ss 19AL, 19AM(2)(b)
Quick Take
1An ex officio indictment containing State offences that is signed by an authorised person but presented in court by a person not authorised under the Criminal Code 1899 (Qld) has not been lawfully presented, and pleas of guilty and convictions based on it must be set aside.
2Where the Court of Appeal sets aside convictions on counts that were never lawfully presented, neither an order for acquittal under s 668E(2) nor an order for a new trial under s 669 of the Criminal Code can be made (per McMurdo P; Jerrard JA agreed no new trial should be ordered on discretionary grounds; Mackenzie J dissenting would have ordered a new trial).
3The Commonwealth Attorney-General's failure to make a written parole order under s 19AL of the Crimes Act 1914 (Cth) at the expiry of a non-parole period does not reflect an error in the sentencing judge's order but rather non-compliance by the Attorney-General with a statutory obligation.
Case Details
Citation[2005] QCA 59
CourtQCA
JurisdictionQueensland
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