R v Taleb (No 3) [2019] NSWSC 397

R v Taleb (No 3) [2019] NSWSC 397

The amendment to change the fault element from recklessness to intention was granted because it was desirable and necessary to enable the real questions in dispute to be presented to the jury, caused no injustice or prejudice to the accused, and was supported by all parties. Further, the law supported intention as the correct fault element for the preparatory conduct charged.

Jurisdiction
Australia
Judgment Date
01 April 2019
Procedural Posture
Criminal / Application to Amend Indictment at End of Trial
Outcome
Application to amend the indictment granted
Legal Topics
['amendment of Indictment' 'fault Elements' 'foreign Incursion Offence' 'criminal Code Interpretation']
['criminal Law'] ['amendment of Indictment' 'fault Elements' 'foreign Incursion Offence' 'criminal Code Interpretation']

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Procedural Posture

Criminal / Application to Amend Indictment at End of Trial

Legal Issues

  1. 1 ['Whether the indictment can be amended at the end of trial to change the fault element from recklessness to intention in a charge under s 119.4 of the Criminal Code (Cth)']

Ratio Decidendi

The amendment to change the fault element from recklessness to intention was granted because it was desirable and necessary to enable the real questions in dispute to be presented to the jury, caused no injustice or prejudice to the accused, and was supported by all parties. Further, the law supported intention as the correct fault element for the preparatory conduct charged.

Court Disposition

Application to amend the indictment granted

Orders

  • ['Indictment amended to substitute intention for recklessness as the fault element in the relevant charge']