de Jersey CJ, Davies JA and Jones JJudgment of the, Court
Catchwords
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PROSECUTION - FILING
OF INFORMATION, PRESENTMENT OR INDICTMENT - QUEENSLAND
- where a clerk in the
Office of the Director of Public Prosecutions purported to present an indictment
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PROSECUTION - FILINGOF INFORMATION, PRESENTMENT OR INDICTMENT - QUEENSLAND- where a clerk in theOffice of the Director of Public Prosecutions purported to present an indictment- whether the indictmentwas presented by a person who was authorized to dosoCRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PROSECUTION -FILING OF INFORMATION, PRESENTMENT OR INDICTMENT - QUEENSLAND- where theapplicant was committed for trial and the Crown did not present an indictmentwithin six months - where an applicationfor an extension of time within whichto present an indictment was refused - whether the Crown could now present an exofficio indictmentcharging the applicant with the offence for which he wascommittedCRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - INFORMATION,INDICTMENT OR PRESENTMENT - OTHER MATTERS - where a clerk in theOffice of theDirector of Public Prosecutions purported to present an indictment - whether the
indictment was presented by a person
who was authorized to do so - whether the
Crown having been refused an extension of time within which to present an
indictment could
now present an ex officio indictment in exactly the same
termsJudiciary Act 1903 (Cth), s 69(1)Criminal Code (Qld),
s 560(2), s 561, s 590, s 591
Director of Public Prosecutions Act 1984 (Qld), s 10(3),
s 24(2) Barton v R [1980] HCA 48
(1980) 147 CLR 75, considered
Ex parte Johnson and Edwards (1979) 2 A Crim R 414, considered
Jane Denton's Case (1823) 1 LEWIN 53
168 ER 956, consideredR
v Baxter [1904] NSWStRp 15
(1904) 5 SR(NSW) 134, consideredR v Bright [1980] QdR
490, consideredR v Durnin [1945] QWN 35, considered
R v Harker [2002] QSC 61
SC No 92 of 2002, 20 March 2002, not
followed
R v McInnes, Erskine and Calwell [1940] VicLawRp 72
[1940] VLR 416, consideredR
v Parker [1977] VicRp 3
[1977] VR 22, distinguished
R v Sylvander [1999] QDC 184
DC No 3731 of 1998, 23 February
1999, considered
R v Webb [1960] QdR 443, considered
Judgment (11 paragraphs)
[1]
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PROSECUTION - FILING OF INFORMATION, PRESENTMENT OR INDICTMENT - QUEENSLAND - where a clerk in the Office of the Director of Public Prosecutions purported to present an indictment - whether the indictment was presented by a person who was authorized to do so
[2]
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PROSECUTION - FILING OF INFORMATION, PRESENTMENT OR INDICTMENT - QUEENSLAND - where the applicant was committed for trial and the Crown did not present an indictment within six months - where an application for an extension of time within which to present an indictment was refused - whether the Crown could now present an ex officio indictment charging the applicant with the offence for which he was committed
[3]
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - OTHER MATTERS - where a clerk in the Office of the Director of Public Prosecutions purported to present an indictment - whether the indictment was presented by a person who was authorized to do so - whether the Crown having been refused an extension of time within which to present an indictment could now present an ex officio indictment in exactly the same terms