Section 340 — Crimes Act 1961: Joinder of counts

340 Joinder of counts (1) Any number of counts for any crimes whatever may be joined in the same indictment, and shall be distinguished in the manner shown in form 4 in Schedule 2 to this Act, or to the like effect. (2) Where there are more counts than one in an indictment each count may be treated as a separate indictment. (3) If the Court thinks it conducive to the ends of justice to do so it may order that the accused shall be tried upon any one or more of such counts separately. (4) Any such order may be made either before or in the course of the trial, and if it is made in the course of the trial the jury shall be discharged from giving a verdict on the counts on which the trial is not to proceed. (5) The counts in the indictment which are not then tried shall be proceeded upon in all respects as if they had been filed in a separate indictment. (6) Unless there are special reasons, no order shall be made preventing the trial at the same time of any number of crimes involving dishonesty not exceeding 5, alleged to have been committed within 6 months from the first to the last of such crimes, whether committed against the same person or not. (7) If one sentence is passed upon any verdict of guilty on more counts than one the sentence shall be good if any of those counts would have justified the sentence. Compare: 1908 No 32 s 397 The proviso to subsection (1) was repealed, as from 1 January 1974, by section 9 Crimes Amendment Act 1973 (1973 No 118). Subsection (5) was amended, as from 1 March 1995, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the word “ filed ” for the word “ presented ” . See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).