(Supreme Court of New South Wales) The NSW statute required that an indictment should be signed by any one of a number of persons specified in the section, including a person authorised by the Director of Public Prosecutions to sign indictments, and empowered the DPP by order in writing to authorise persons to sign indictments … Continue reading Regina v Janceski: 18 Aug 2005

The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006

A High Court judge had given leave to prefer a voluntary bill against the appellant, who was arraigned on six counts in the voluntary bill. He pleaded not guilty, was convicted on four counts and was sentenced. Relying on section 2 of the 1933 Act, he appealed saying that the voluntary bill had never been … Continue reading Regina v Morais: CACD 1988

The defendant appealed saying that after committal, the trial had proceeded on the basis of a voluntary bill of indictment, and he had been convicted on his own plea. He now appealed saying that the bill had not been signed as required. Held: The court ordered a venire de novo so that the case would … Continue reading Regina v Price: CACD 6 Nov 1985

The defendant was committed for trial on seven charges of fraud. An eighth was then added under a voluntary bill of indictment, and a circuit judge confirmed a new indictment with all the eight charges. He appealed. Held: His appeal succeeded. One indictment could be amended to include the other charges, but there was no … Continue reading Regina v Cairns: CACD 1983

The defendant appealed saying that the prosecution had broken the principle ‘that it is only once that an indictment can be preferred upon the basis of one committal’. Held: The trial had taken place upon an invalid indictment not properly founded on a committal nor preferred by leave of a High Court judge and the … Continue reading Regina v Thompson: 1975

The defendants appealed, complaining of defects in the commital procedure.
Held: The proceedings committing the defendants for trial were so defective that there was no lawful committal. It followed that the document purporting to be an . .

The Court recalled the fundamental distinction between the preferment of a bill of indictment and the signing of the bill: it is the signing of the bill which converts it into an indictment. The court then accepted that the proper officer had . .