Where a complaint in summary proceedings contains charges expressed in the alternative that do not comply with s 43 of the Justices Act 1886 (Qld), the charges are nonetheless 'joined' for the purposes of s 43(3)(a), and the court has express power to require the complainant to elect, with an implied corollary power to strike out the charge not proceeded on. There is no need to imply an independent power to permit election where the express statutory power applies. The Court of Appeal also expressed the obiter view that alternative charges are permissible in summary proceedings under s 43(1)(b), and that the supposed principle against alternative charges derived from Hayes v Wilson is no longer persuasive.
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