Ihemeje v R [2023] NSWCCA 72

Ihemeje v R [2023] NSWCCA 72

The conviction had to be quashed because the indictment for the Commonwealth importation offences was signed by a Crown prosecutor whose name was not included in the CDPP delegation schedule and who therefore was not authorised to institute the prosecution on indictment. No statutory provision overcame that irregularity, so the indictment was invalid and the District Court lacked jurisdiction to hear the trial.

Jurisdiction
Australia
Judgment Date
29 March 2023
Procedural Posture
Conviction Appeal / Court of Criminal Appeal Appeal Against Conviction Entered in the District Court of New South Wales on 20 October 2022
Outcome
Appeal allowed; conviction quashed; new trial ordered.
Legal Topics
['validity of Indictment' 'authorisation to Sign Indictments' 'commonwealth Drug Importation Offences' 'jurisdiction' 'conviction Appeal' 'retrial']
['criminal Law' 'criminal Procedure'] ['validity of Indictment' 'authorisation to Sign Indictments' 'commonwealth Drug Importation Offences' 'jurisdiction' 'conviction Appeal' 'retrial']

Case Brief

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Procedural Posture

Conviction Appeal / Court of Criminal Appeal Appeal Against Conviction Entered in the District Court of New South Wales on 20 October 2022

Legal Issues

  1. 1 ['Whether the trial and conviction were nullities because the indictment on which the trial proceeded was not a valid indictment.' 'Whether the Crown prosecutor who signed the indictment was authorised to do so for Commonwealth offences.' 'Whether any statutory provision saved the invalid indictment.']

Ratio Decidendi

The conviction had to be quashed because the indictment for the Commonwealth importation offences was signed by a Crown prosecutor whose name was not included in the CDPP delegation schedule and who therefore was not authorised to institute the prosecution on indictment. No statutory provision overcame that irregularity, so the indictment was invalid and the District Court lacked jurisdiction to hear the trial.

Court Disposition

Appeal allowed; conviction quashed; new trial ordered.

Orders

  • ['Appeal allowed.' 'Quash the conviction of import marketable quantity of border-controlled drug, namely methylamphetamine, pursuant to s 307.2 of the Criminal Code 1995 (Cth), entered in the District Court of New South Wales on 20 October 2022.' 'Order a new trial.' "List the matter at Sydney District Court on 30...