R v Hindman
[2001] VSCA 203
•12 November 2001
SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 200 of 2001
| THE QUEEN |
| v. |
| JACK ALBERT HINDMAN |
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JUDGES: | BROOKING, PHILLIPS and VINCENT, JJ.A. |
WHERE HELD: | MELBOURNE |
DATE OF HEARING: | 12 November 2001 |
DATE OF JUDGMENT: | 12 November 2001 |
MEDIUM NEUTRAL CITATION: | [2001] VSCA 203 |
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CRIMINAL LAW - Counts wrongly joined - Retrial ordered.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R.A. Elston | K. Robertson, Solicitor for Public Prosecutions |
| For the Applicant | Mr P.G. Priest, Q.C. and Mr P. D'Arcy | Doyle Considine |
BROOKING, J.A. (delivering the judgment of the Court):
It is conceded by the Crown on this application that the joinder of the counts was not authorised by the presentment rules and that in any event the judge ought to have severed the presentment under s.372 of the Crimes Act. In our view these concessions are well founded.
Accordingly the application for leave to appeal against conviction is granted. The appeal is treated as instituted and heard instanter and allowed. The convictions and sentences thereon are quashed and the applicant is remanded in custody for re-trial.
We grant an indemnity certificate under s.14 of the Appeal Costs Act 1998 in respect of costs, including any additional costs that the applicant will pay or be ordered to pay as a consequence of the order for a new trial.
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