W v The Queen [2001] FCA 1648

W v The Queen [2001] FCA 1648

The appellant was entitled to make an election for trial by judge alone as the proper statutory procedure had not been followed prior to the initial listing; his late-filed election was valid. The trial by jury, contrary to that valid election, was a nullity and a miscarriage of justice. The convictions must therefore be quashed and a new trial ordered. Additionally, errors in joinder of counts and directions to the jury may have caused further prejudice, but the principal ground for setting aside the convictions was denial of the statutory right to elect trial by judge alone.

Jurisdiction
Australia
Judgment Date
23 November 2001
Procedural Posture
Criminal Appeal / Appeal From Conviction After Jury Trial
Outcome
Appeal allowed; convictions quashed; new trial ordered on relevant counts.
Legal Topics
['appeal Against Conviction' 'right to Elect Trial by Judge Alone' 'inconsistent Verdicts' 'admissibility of Tendency and Coincidence Evidence' 'joinder and Severance of Counts' 'directions to Jury']
['criminal Law' 'evidence'] ['appeal Against Conviction' 'right to Elect Trial by Judge Alone' 'inconsistent Verdicts' 'admissibility of Tendency and Coincidence Evidence' 'joinder and Severance of Counts' 'directions to Jury']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal From Conviction After Jury Trial

Legal Issues

  1. 1 ['Whether the appellant was denied the right to trial by judge alone under s 68B of the Supreme Court Act 1933 (ACT)' 'Whether the verdicts of guilt were inconsistent with verdicts of acquittal and therefore unsafe or unsatisfactory' 'Whether a miscarriage of justice occurred due to cross-admissibility of evidence and joinder of counts']

Ratio Decidendi

The appellant was entitled to make an election for trial by judge alone as the proper statutory procedure had not been followed prior to the initial listing; his late-filed election was valid. The trial by jury, contrary to that valid election, was a nullity and a miscarriage of justice. The convictions must therefore be quashed and a new trial ordered. Additionally, errors in joinder of counts and directions to the jury may have caused further prejudice, but the principal ground for setting aside the convictions was denial of the statutory right to elect trial by judge alone.

Court Disposition

Appeal allowed; convictions quashed; new trial ordered on relevant counts.

Orders

  • ['The appeal be allowed.' 'The verdicts and convictions on the third, sixth, eighth and ninth counts in the indictment be set aside.' 'There be a new trial of the charges in those counts.']