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Criminal Code Act 1983
339Motion to quash indictment
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339 Motion to quash indictment (1) The accused person may before pleading apply to the court: (a) to quash the indictment on the ground that it is calculated to prejudice or embarrass him in his defence to the charge or that it is formally defective; or (b) to stay the proceedings on the ground that they are vexatious or harassing. (2) Upon such motion the court may quash the indictment, order it to be amended in such manner as the court thinks just, stay the proceedings or refuse the motion.