R v Ross (No. 2) [2020] NSWDC 195

R v Ross (No. 2) [2020] NSWDC 195

Leave was granted because the existing alternative charge and the proposed new alternative charge relied on the same relevant physical facts, the amendment was sought before the commencement of the trial, there was no real confusion in the Crown case, and the accused identified no prejudice beyond the lost opportunity for acquittal, which was insufficient.

Jurisdiction
Australia
Judgment Date
27 April 2020
Procedural Posture
Criminal Procedure Ruling / Crown Application Before Arraignment for Leave to Amend Indictment at Commencement of Judge Alone Trial
Outcome
Crown application granted.
Legal Topics
['amendment of Indictment' 'alternative Charges' 'prejudice to Fair Trial' 'judge Alone Trial']
['criminal Law' 'criminal Procedure'] ['amendment of Indictment' 'alternative Charges' 'prejudice to Fair Trial' 'judge Alone Trial']

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Procedural Posture

Criminal Procedure Ruling / Crown Application Before Arraignment for Leave to Amend Indictment at Commencement of Judge Alone Trial

Legal Issues

  1. 1 ['Whether the Crown should be granted leave under s 20(1)(a) of the Criminal Procedure Act 1986 (NSW) to amend the indictment to add a further alternative charge under s 59(2) of the Crimes Act 1900 (NSW).' 'Whether adding the proposed alternative charge, arising from the same physical facts as the existing counts, would cause prejudice or unfairness to the accused.']

Ratio Decidendi

Leave was granted because the existing alternative charge and the proposed new alternative charge relied on the same relevant physical facts, the amendment was sought before the commencement of the trial, there was no real confusion in the Crown case, and the accused identified no prejudice beyond the lost opportunity for acquittal, which was insufficient.

Court Disposition

Crown application granted.

Orders

  • ['Leave is granted to the Crown to amend the indictment in the manner sought.']