Cheatle v The Queen [1993] HCA 44

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Cheatle v The Queen [1993] HCA 44

ORDER

1. Appeal allowed.

2. Order of the Court of Criminal Appeal of South Australia set aside and in lieu thereof it be ordered that the appeal to that Court be allowed, and a new trial ordered.

Cur. adv. vult.

The Court pronounced the following orders:—

The Court delivered the following written reasons for judgment:—

June 3 Mason C.J., Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ.

1. Appeal allowed.

2. Order of the Court of Criminal Appeal of South Australia set aside and in lieu thereof it be ordered that the appeal to that Court be allowed, and a new trial ordered.

Aug. 26 Mason C.J., Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ.

The appellants, Mr. and Mrs. Cheatle, were charged in the Central District Criminal Court of South Australia with conspiracy to defraud the Commonwealth. Under s. 86A of the Crimes Act 1914 Cth, that offence is "an indictable offence". At the conclusion of their joint trial, each of the appellants was convicted by a majority verdict of a jury of twelve persons. The jury's majority verdict was returned pursuant to s. 57 of the Juries Act 1927 SA which, except in cases of murder and treason, prima facie applies generally to criminal trials by jury in South Australian courts, including the trial in those courts of offences against laws of the Commonwealth. For present purposes, s. 57 provides:

(1) Subject to subsection (2), where a jury, having retired to consider its verdict, has remained in deliberation for at least four hours and the jurors have not then reached a unanimous verdict —

(a) if a sufficient number agrees to enable the jury to return a majority verdict — a majority verdict shall be returned;