R v Hawi & ors (No 18) [2011] NSWSC 1664

R v Hawi & ors (No 18) [2011] NSWSC 1664

The riot counts were defective because s 93B makes criminally liable only persons using unlawful violence for the common purpose, not persons merely threatening unlawful violence. The defect was capable of amendment under the Criminal Procedure Act 1986, and because no accused objected or suggested prejudice, leave to amend the indictment was appropriate.

Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Criminal Prosecution; Procedural Ruling on Amendment of Indictment / After the Close of the Crown Case and During Consideration of No Case to Answer Submissions
Outcome
Leave granted to amend indictment.
Legal Topics
['amendment of Indictment' 'riot' 'elements of Riot' 'use of Unlawful Violence' 'threatening Unlawful Violence' 'absence of Prejudice']
['criminal Law' 'criminal Procedure'] ['amendment of Indictment' 'riot' 'elements of Riot' 'use of Unlawful Violence' 'threatening Unlawful Violence' 'absence of Prejudice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution; Procedural Ruling on Amendment of Indictment / After the Close of the Crown Case and During Consideration of No Case to Answer Submissions

Legal Issues

  1. 1 ['Whether counts alleging riot were defective because they pleaded that the accused used or threatened unlawful violence rather than alleging that each accused used unlawful violence for the common purpose.' 'Whether leave should be granted to amend the indictment under the Criminal Procedure Act 1986.']

Ratio Decidendi

The riot counts were defective because s 93B makes criminally liable only persons using unlawful violence for the common purpose, not persons merely threatening unlawful violence. The defect was capable of amendment under the Criminal Procedure Act 1986, and because no accused objected or suggested prejudice, leave to amend the indictment was appropriate.

Court Disposition

Leave granted to amend indictment.

Orders

  • ['Leave granted for the indictment to be amended as proposed.']