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

CRIMINAL CODE SS. $24430 199,
624. Special Verdict. In any case in which it appears to the Court that
the question whether an accused person ought or ought not to be
convicted of an offence may depend upon some specific fact, or that
the proper punishment to be awarded upon conviction may depend upon
some specific fact, the Court may require the jury to find that fact
specially.
n. ~otwithstand~g the provisions
of the last preceding section, the jury, on the trial of a person
charged with the unlawful publication of defamatory matter, may give a
general verdict of guilty or not guilty upon the whole matter in issue,
in like manner as in other cases.
626. age of Jury. When the trial of an accused person is adjourned
after the jury have been sworn, the Court may discharge the jury.
If the jury cannot agree as to the verdict to be given, or if any
emergency arises of such a nature as to render it in the opinion of the
Court necessary or highly expedient for the ends of justice to do so,
the Court may, in its discretion, discharge the jury without giving a
verdict, and may direct that a fresh jury be sworn during the same Sittings
of the Court, or may adjourn the trial.
Such an exercise of discretion is not subject to review by any Court.
627. a&y of Judge!. If the presiding Judge becomes incapable: of
proceeding with the trial or directing the discharge of the jury, it is ths
duty of some officer of the Court to discharge the jury.
In any such case the accused person must remain in custody, and
may be again put on his trial. But he has the same rights with respect
to admission to bail as upon an original committal for trial for the
offence with which he is charged, and any justice may, in a proper case,
admit him to bail accordingly.
628. ror. If at any time during the trial a juror dies, or
becomes in the opinion of the Court incapable of co~tinui~g to act as a
juror, the Court may, in its discretion, discharge the jury under the
provisions hereinbefore contained, or may, if it thinks fit, discharge the
juror, if any, so becoming incapable, and direct that the trial shall proceed
with the re~aining jurors. In any such case the verdict of the remaining
jurors, not being less than ten, shall have the same effect as if all the
jurors had continued present,
As amended by Act of 1976, No. 39, s. 39.
ict on Sunday. The taking of a verdict or any other proceeding
of the Court is not invalid by reason of its happening on a Sunday.
se cpn Charge of an OWEence CO
idi ion. The proceedings upon an ~dictment for committing an offence
after a previous conviction or convictions are required to be as folIows,
that is to say,-
(1 ) The accused person is in the first instance to be called upon
to plead to so much only of the indictment as charges the
subsequent offence:
(2) If he pleads any plea which raises an issue to be tried by
a jury, the jury are to be charged in the first instance to
inquire concerning the subsequent ogence only: