R (Commonwealth) v Mark William Standen [2011] NSWSC 1054

R (Commonwealth) v Mark William Standen [2011] NSWSC 1054

Leave to amend counts 1 and 3 was granted under s 20 of the Criminal Procedure Act because James Henry Kinch had always been part of the Crown case as particularised, opened and conducted, the amendment would clarify that proof of an agreement with Kinch or Jalalaty would suffice for count 1, counsel for the accused did not oppose the application, and the amendments would not cause prejudice or embarrassment to the accused in his defence.

Jurisdiction
Australia
Judgment Date
25 July 2011
Procedural Posture
Criminal / Interlocutory Application by the Crown to Amend the Indictment
Outcome
Leave granted to the Crown to amend counts 1 and 3 pursuant to s 20 of the Criminal Procedure Act.
Legal Topics
['amendment of Indictment' 'conspiracy' 'leave to Amend Counts']
['criminal Law' 'criminal Procedure'] ['amendment of Indictment' 'conspiracy' 'leave to Amend Counts']

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Procedural Posture

Criminal / Interlocutory Application by the Crown to Amend the Indictment

Legal Issues

  1. 1 ['Whether the Crown should be granted leave to amend counts 1 and 3 of the indictment by adding James Henry Kinch and deleting the words "and divers others" from count 3.' 'Whether the proposed amendments could cause prejudice or embarrassment to the accused in his defence.']

Ratio Decidendi

Leave to amend counts 1 and 3 was granted under s 20 of the Criminal Procedure Act because James Henry Kinch had always been part of the Crown case as particularised, opened and conducted, the amendment would clarify that proof of an agreement with Kinch or Jalalaty would suffice for count 1, counsel for the accused did not oppose the application, and the amendments would not cause prejudice or embarrassment to the accused in his defence.

Court Disposition

Leave granted to the Crown to amend counts 1 and 3 pursuant to s 20 of the Criminal Procedure Act.

Orders

  • ['Grant leave to the Crown to amend count 1 by adding "James Henry Kinch" after the words "Bakhos Jalalaty".' 'Grant leave to the Crown to amend count 3 by adding "James Henry Kinch" after the words "Bakhos Jalalaty" and deleting the words "and divers others".']