AJS v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJKIRBY, HAYNE, HEYDON AND CRENNAN JJAJS  APPELLANTANDTHE QUEEN   RESPONDENTAJS v The Queen [2007] HCA 2713 June 2007M2/2007ORDER1.        Appeal allowed. 2.        Set aside paragraph 4 of the orders of the Court of Appeal of the      Supreme Court of Victoria made on 7 December 2005 and in its place       order that:(a)judgment and verdict of acquittal be entered in respect of the charge of incest contrary to s 44(1) of the Crimes Act 1958 (Vic);(b)there be a new trial limited to the offence of taking part in an indecent act contrary to s 47(1) of the Crimes Act 1958 (Vic) with the person named in the presentment filed on 3 February 2004. On appeal from the Supreme Court of VictoriaRepresentationC B Boyce with L C Carter for the appellant (instructed by Victoria Legal Aid)J D McArdle QC with C M Quinn for the respondent (instructed by Solicitor for Public Prosecutions (Vic)) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAJS v The QueenCriminal law – Verdicts – Statutory alternative verdicts – Appellant convicted by jury of one count of incest – Because of verdict on count of incest jury was not required to consider statutory alternative verdict of indecent act with a child aged under 16 – Court of Appeal quashed the conviction for insufficient evidence and ordered a new trial without specifying what charge or charges were to be tried – Whether the Court of...