High Court of Australia

Baini v The Queen [2012] HCA 59

246 CLR 469; 87 ALJR 180; 293 ALR 472

12 Dec 2012

Case Number: M87/2012

Before

French CJ, Hayne, Crennan, Kiefel, Bell, Gageler JJ

Catchwords

Criminal law – Appeal – Error or irregularity in trial – Failure to sever counts – Appellant charged with numerous counts of blackmail of one victim and one count of blackmail of another victim – Trial judge refused application to sever trial of separate count – Court of Appeal held that trial judge erred in refusing application – Whether refusal to sever resulted in "substantial miscarriage of justice" within meaning of s 276 of Criminal Procedure Act 2009 (Vic).

Words and phrases – "substantial miscarriage of justice".

Criminal Procedure Act 2009 (Vic) – s 276.
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