Maher v The Queen [1987] HCA 31

Maher v The Queen [1987] HCA 31

The addition of count 20 to the indictment after the jury had been sworn was not authorised by statute, and the jury was not sworn to try the issues raised by count 20; therefore, the conviction on count 20 was invalid and must be set aside.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Special Leave and Substantive Appeal to High Court of Australia
Outcome
Special leave to appeal granted; appeal allowed; conviction and sentence on count 20 set aside.
Legal Topics
['jury Procedure' 'indictment Amendment' 'conspiracy to Defraud' 'mistrial']
['criminal Law' 'criminal Procedure'] ['jury Procedure' 'indictment Amendment' 'conspiracy to Defraud' 'mistrial']

Case Brief

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Procedural Posture

Criminal Appeal / Special Leave and Substantive Appeal to High Court of Australia

Legal Issues

  1. 1 ['Whether the addition of count 20 to the indictment after the jury had been sworn was authorised and valid under the Criminal Code (Queensland) or any other law.' 'Whether failure to inform the accused of their right to challenge the jury in regard to additional counts vitiated the trial.' 'Whether the jury was duly sworn to try the issues raised by the added count 20 and the conviction thereon was a nullity.']

Ratio Decidendi

The addition of count 20 to the indictment after the jury had been sworn was not authorised by statute, and the jury was not sworn to try the issues raised by count 20; therefore, the conviction on count 20 was invalid and must be set aside.

Court Disposition

Special leave to appeal granted; appeal allowed; conviction and sentence on count 20 set aside.

Orders

  • ['Order of the Court of Criminal Appeal of Queensland dated 20 June 1986, in so far as it dismissed the appeal against conviction of the offence charged in count 20 of the indictment, set aside.' 'In lieu thereof, order that the appeal to that Court in respect of count 20 be allowed, conviction and sentence on that...