Gravett v Regina [2007] NSWCCA 210

Gravett v Regina [2007] NSWCCA 210

The conviction and sentence must be quashed and a new trial ordered because the trial was contrary to law, having proceeded on multiple indictments, which fundamentally infringed the 'one trial one jury' rule.

Jurisdiction
Australia
Judgment Date
13 July 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Conviction and sentence quashed; new trial ordered; extension of time for appeal against conviction granted.
Legal Topics
['conspiracy to Import Prohibited Substances' 'procedure Indictments' 'trial Irregularities']
['criminal Law'] ['conspiracy to Import Prohibited Substances' 'procedure Indictments' 'trial Irregularities']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial was contrary to law due to proceeding on more than one indictment for multiple accused' "Whether infringement of the 'one trial one jury' rule rendered the conviction and sentence nullities"]

Ratio Decidendi

The conviction and sentence must be quashed and a new trial ordered because the trial was contrary to law, having proceeded on multiple indictments, which fundamentally infringed the 'one trial one jury' rule.

Court Disposition

Conviction and sentence quashed; new trial ordered; extension of time for appeal against conviction granted.

Orders

  • ['Time for appeal against conviction extended' "Appellant's conviction and sentence quashed" 'New trial ordered']