The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

CRIMINAL CODE SS. 586-598 193
~ ~ The accused c person ~ may ~ before ~
pleading apply to the Court to quash the indictment on the ground
that it is calculated to prejudice or embarrass him in his defence to the
charge, or that it is formally defective.
Upon such motion the Court may quash the indictment, or may
order it to be amended in such manner as the Court thinks just, or may
refuse the motion.
~ .
~ § If the ~ accused ~ person ~ says ~ that he ~ is wrongly . named in
the indictment, the Court may, on being satisfied by affidavit or otherwise
of the error, order the indictment to be amended.
ore Charges ~~~~~~~ the
same Person. (1) Where before a trial or at any time during a
trial the Court is of opinion that the accused person may be prejudiced
or embarrassed in his defence by reason of his being charged with more
than one offence in the same indictment or that for any other reason it is
desirable to direct that the person should be tried separately for any one
or more than one offence charged in an indictment the Court may order
a separate trial of any count or counts in the indictment.
The Court may discharge a jury sworn from giving a verdict on the
count or counts directed to be tried separately.
(2) The procedure on the separate trial of a count shall be the same
in all respects as if the count had been set out in a separate indictment.
(3) The Court may adjourn a separate trial, remand the accused
person and make such orders as to admitting him to bail and as to the
enlargement of recognizances and otherwise as the Court thinks fit.
(4) For the purposes of this section the term “adjourn a separate
trial” includes postpone a separate trial in a case where the accused
person has not been called upon to plead to a count in an indictment.
Inserted by Act of 1976, No. 25, s. 16.
e Pleas. If the accused person does not apply to quash the indict~ent
or move for a separate trial of any count or counts of the indictment,
he must either plead to it, or demur to it on the ground that it does not
disclose any offence cognizable by the Court. If he pleads, he may plead
either-
(1) That he is guilty of the offence charged in the indictment, or,
with the consent of the Crown, of any other offence of
which he might be convicted upon the indictment;
(2) That he is not guilty;
(3) That he has already been convicted upon an indictment on
which he might have been convicted of the offence with
which he is charged or has already been convicted of an
offence of which he might be convicted upon the indictment;
(4) That he has already been acquitted upon an indictment on
which he might have been convicted of the offence with
which he is charged, or has already been acquitted upon
indictment of an offence of which he might be convicted U PQ~
the indictment;
(5) That be has already been tried and convicted or acquitted of
an offence committed or alleged to be committed under such
circumstances that he cannot under the provisions of this
Code be tried for the offence charged in the indictment;