Cheatle v The Queen [1993] HCA 44

Cheatle v The Queen [1993] HCA 44

Section 80 of the Constitution mandates that trials upon indictment of offences against Commonwealth laws must be by jury; this includes the essential feature of unanimity in verdicts. Therefore, it is unconstitutional to convict an accused of a Commonwealth offence on indictment by a majority jury verdict. Such convictions are a nullity and must be set aside.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / High Court Appeal After Court of Criminal Appeal of South Australia Dismissed Appeals Against Conviction
Outcome
Appeal allowed. Orders of the South Australian Court of Criminal Appeal set aside. Appeal to that Court allowed. Conviction quashed and new trial ordered.
Legal Topics
['trial by Jury' 'requirement of Unanimous Jury Verdict' 'commonwealth Constitution S 80' 'majority Verdicts']
['constitutional Law' 'criminal Law'] ['trial by Jury' 'requirement of Unanimous Jury Verdict' 'commonwealth Constitution S 80' 'majority Verdicts']

Case Brief

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Procedural Posture

Criminal Appeal / High Court Appeal After Court of Criminal Appeal of South Australia Dismissed Appeals Against Conviction

Legal Issues

  1. 1 ['Whether s. 80 of the Constitution requires a unanimous jury verdict for conviction in Commonwealth indictable offences' 'Whether state majority-verdict provisions can apply to Commonwealth indictable offences']

Ratio Decidendi

Section 80 of the Constitution mandates that trials upon indictment of offences against Commonwealth laws must be by jury; this includes the essential feature of unanimity in verdicts. Therefore, it is unconstitutional to convict an accused of a Commonwealth offence on indictment by a majority jury verdict. Such convictions are a nullity and must be set aside.

Court Disposition

Appeal allowed. Orders of the South Australian Court of Criminal Appeal set aside. Appeal to that Court allowed. Conviction quashed and new trial ordered.

Orders

  • ['Appeal allowed.' 'Order of the Court of Criminal Appeal of South Australia set aside and in lieu thereof it be ordered that the appeal to that Court be allowed, and a new trial ordered.']