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Court of Appeal allows appeal from the High Court's refusal to grant relief in an application for judicial review, on the grounds that: (a) the appellant did not seek to rely on grounds before the High Court that were outside the grounds for which leave had been granted and the High Court erred in so finding; and (b) the appellant's trial had been a nullity where the appellant and another accused were tried concurrently by the same jury on separate indictments; both the common law and statute provide that a single indictment only is to be laid before a jury in each trial.
Appeal of decision of the High Court, refusing to quash orders of trial judge and finding of jury and refusing to make a declaration that the appellant's trial was a nullity - appellant charged with one count of assault causing harm - appellant and another accused not arraigned on joint indictment but separate indictments before the same jury - appellant brought application for judicial review on basis that the respondent had no jurisdiction to run trials in this way - whether High Court erred in refusing relief on the basis that the matters urged at the hearing were outside the scope of the grounds for which leave was granted - whether appellant entitled to the substantive relief sought and declaration that his trial was a nullity - whether by statute or at common law an accused can be tried at the same time and before the same jury as another person where the two are not jointly accused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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