Reed v The Queen

This appeal concerned the proper construction of the presentment rules under the *Crimes Act 1958* (Vic). The appellant argued that the joinder of charges relating to a shooting and charges relating to a bombing on the same presentment was improper. Specifically, the appellant contended that these charges did not satisfy either limb of rule 2 of the presentment rules, which permits joinder if charges are founded on the same facts or form part of a series of offences of the same or a similar character.

The central legal issue before the High Court was whether the charges were properly joined on the presentment. The appellant argued that the charges were not founded on the same facts, nor did they form or form part of a series of offences of the same or a similar character, as required by rule 2. The respondent, the Crown, contended that the joinder was permissible under the presentment rules.

The Court was required to interpret section 371 of the *Crimes Act 1958* (Vic) and rule 2 of the presentment rules. The appellant's argument focused on the first limb of rule 2, asserting that the shooting and bombing counts were not based on the same facts. The Court noted that while the Crown's argument before the trial judge may have encompassed both limbs of rule 2, the focus before the Court of Criminal Appeal and the High Court on special leave had been on the construction of the first limb. The appellant sought to confine the Crown's argument to this limb. The Court acknowledged that there had been significant judicial pronouncements on joinder principles, often relating to similar fact cases under the second limb, but the present case turned on the application of the first limb. The Court referred to the English Court of Appeal decision in *Reg v Barrell and Wilson* as a judgment relied upon by the lower courts.