R v PMJ and HPK

The respondents, PMJ and HPK, were charged in the Supreme Court of Queensland with the murder of a person. The Crown subsequently applied to amend the indictment so that each respondent was separately charged with one count of murder. The application was heard by the Supreme Court, which needed to determine whether the amendment was permissible under the Criminal Code. The Crown argued that the amendment was allowable under s 568(12) of the Code, which permits an indictment to be amended if it includes “facts relevant to all the charges” and if the charges “constitute different or separate offences.” The respondents contended that the amendment was inappropriate because the facts relevant to the charges were common to both respondents.

The court considered the relevant statutory provisions and case law. It held that the amendment was not permissible because the facts relevant to the charges were not common to both respondents. The court found that the charges constituted different or separate offences but that the facts relevant to the charges were not the same for both respondents. As a result, the application to amend the indictment was dismissed. The court noted that the Crown could still proceed with the original indictment or bring separate charges against each respondent.