Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 568

568 Cases in which several charges may be joined

(1) In an indictment against a person for stealing property the person may be charged and proceeded against on 1 charge even though—

(a) the property belongs to the same person or to different persons; or

(b) the property was stolen over a space of time; or

(c) different acts of stealing took place at different times, whether or not the different acts can be identified.

(2) In an indictment against a trustee to whom the Trust Accounts Act 1973 applies, for stealing money, the trustee may be charged and proceeded against for the amount of a general deficiency notwithstanding that such general deficiency is made up of any number of specific sums of money, such sums being the property of different persons, the taking, destruction or conversion of which extended over any space of time.

(2A) For subsection (2) , the reference to a trustee to whom the Trust Accounts Act 1973 applies includes a legal practitioner associate of a law practice, within the meaning of the Legal Profession Act 2007 , if part 3.3 of the Legal Profession Act 2007 applies to the law practice.

(3) In an indictment against a person for fraud the person may be charged and proceeded against on 1 charge even though—

(a) any number of specific frauds of the same type has been committed, whether or not each specific act of fraud can be identified; or

(b) the frauds have extended over any space of time; or

(c) property applied belongs to different persons, and has come into the possession or control of the accused person at different times and subject to different trusts, directions, conditions, or duties to account; or

(d) the property, benefit, detriment or inducement belongs to or is caused to different persons.

(4) In an indictment against a person for receiving property the person may be charged and proceeded against on 1 charge even though—

(a) the property belongs to different persons; or

(b) the property was received over a space of time; or

(c) different acts of receiving took place at different times, whether or not the different acts can be identified.

(5) In an indictment against a person for forgery or uttering the person may be charged and proceeded against on 1 charge even though—

(a) any number of separate forgeries or utterings has been committed, whether or not the separate acts of forgery or uttering can be identified; or

(b) the forgeries or utterings have extended over any space of time; or

(c) there was an intent to defraud one or more than one person.

(5A) In an indictment against a person for obtaining or dealing with identification information under section 408D , the person may be charged and proceeded against on 1 charge even though—

(a) the identification information relates to different entities; or

(b) the identification information was obtained or dealt with over a space of time; or

(c) different acts of obtaining or dealing with the identification information took place at different times, whether or not the different acts can be identified.

(6) Any 2 or all of the following charges may be joined in the same indictment (a
"subsection (6) indictment" )—

(a) entering or being in a dwelling or premises and stealing property in the dwelling or premises;

(b) stealing all or part of property the subject of the indictment;

(c) receiving all or part of property the subject of the indictment having reason to believe the property is stolen.

(7) If a subsection (6) indictment is preferred against a person, the person may, according to the evidence, be convicted of the offence mentioned in subsection (6) (a) , the offence mentioned in subsection (6) (b) or the offence mentioned in subsection (6) (c) .

(8) If a subsection (6) indictment is preferred against 2 or more persons—

(a) all or any of them may, according to the evidence, be convicted of the offence mentioned in subsection (6) (a) , the offence mentioned in subsection (6) (b) or the offence mentioned in subsection (6) (c) ; or

(b) 1 or more of them may, according to the evidence, be convicted of 1 of the offences and the other or others of them may be convicted of another of the offences, or of 1 or the other of the other offences.

(9) However, if the jury finds specially—

(a) that a person charged on a subsection (6) indictment—

(i) entered or was in a dwelling or premises and stole property in the dwelling or premises; or

(ii) stole all or part of property the subject of the indictment; or

(iii) received all or part of property the subject of the indictment having reason to believe the property to have been stolen; or

(b) that a person charged on a subsection (6) indictment committed 1 of any 2 of the offences mentioned in paragraph (a) ;

but can not say which of the offences (the
"alternative offences" ) was committed by the person, the trial judge must enter a conviction against the person for 1 of the alternative offences in accordance with subsection (10) .

(10) For subsection (9) , the trial judge must enter a conviction for the following offence—

(a) if the same maximum penalty is provided for the alternative offences, the alternative offence decided by the trial judge;

(b) if a particular maximum penalty is provided for 1 of the alternative offences and the same lower maximum penalty is provided for the other alternative offences, 1 of the other alternative offences decided by the trial judge;

(c) otherwise, the alternative offence for which the lowest or lower maximum penalty is provided.

(10A) In an indictment against a person for an offence against section 228A , 228B , 228C or 228D , the person may be charged and proceeded against on 1 charge for the offence even though—

(a) any number of separate acts constituting the offence have been committed, whether or not the separate acts constituting the offence can be identified; or

(b) the separate acts constituting the offence have extended over any space of time; or

(c) different acts constituting the offence took place at different times, whether or not the different acts can be identified.

(11) Any number of persons charged with committing or with procuring the commission of the same offence, although at different times, or of being accessories after the fact to the same offence, although at different times, and any number of persons charged with receiving, although at different times, any property which has been obtained by means of a crime or misdemeanour, or by means of an act which if it had been done in Queensland would be a crime or misdemeanour and which is an offence under the laws in force in the place where it was done, or any part of any property so obtained, may be charged with substantive offences in the same indictment, and may be tried together notwithstanding that the principal offender or the person who so obtained the property is not included in the same indictment, or is not amenable to justice.

(12) Any number of persons charged with committing different or separate offences arising substantially out of the same facts or out of closely related facts so that a substantial part of the facts is relevant to all the charges may be charged in the same indictment and tried together.