The Queen vs Herat – clr volume 2 page 118_1

In the case between The Crown (Attorney-General on behalf of Her Majesty) and Herat and others, the court addressed the procedural validity of filing an Attorney-General’s appeal against acquittal by post under the Criminal Procedure Code. It was held that strict compliance with statutory lodging requirements is mandatory, reaffirming that all criminal prosecutions originate at the instance of the Sovereign, irrespective of the Queen’s name featuring on the record. The decision rested on statutory interpretation of the Criminal Procedure Code, emphasizing that manual lodgment is essential, and appeals by post fail to fulfill this procedural prerequisite.

Burnside, C.J. — It was determined that all criminal prosecutions are deemed to proceed at the instance of the Sovereign, with the Atto