R v Paton [2013] NSWSC 1615

R v Paton [2013] NSWSC 1615

The court had no power to order the Crown Prosecutor to add an entirely separate count of accessory after the fact of murder to an indictment charging murder only. Sections 20 and 21 of the Criminal Procedure Act 1986 did not apply because the indictment was not defective and those provisions concern permitting amendment, not compelling the Crown to amend. Accessory after the fact of murder was not an available alternative to murder.

Jurisdiction
Australia
Judgment Date
30 October 2013
Procedural Posture
Criminal Trial on Indictment for Murder / Defence Application During Trial to Order the Crown Prosecutor to Add a Count to the Indictment
Outcome
Application dismissed.
Legal Topics
['amendment of Indictment' 'power of Trial Judge to Add Count to Indictment' 'alternative Verdicts' 'accessory After the Fact of Murder' 'murder']
['criminal Procedure' 'criminal Law'] ['amendment of Indictment' 'power of Trial Judge to Add Count to Indictment' 'alternative Verdicts' 'accessory After the Fact of Murder' 'murder']

Case Brief

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Procedural Posture

Criminal Trial on Indictment for Murder / Defence Application During Trial to Order the Crown Prosecutor to Add a Count to the Indictment

Legal Issues

  1. 1 ['Whether the trial judge had power to order the Crown Prosecutor to add a count of accessory after the fact of murder to an indictment containing a single count of murder.' 'Whether ss 20 and 21 of the Criminal Procedure Act 1986 empowered the court to order the addition of a count to the indictment.' 'Whether accessory after the fact of murder was an available alternative to a count of murder.']

Ratio Decidendi

The court had no power to order the Crown Prosecutor to add an entirely separate count of accessory after the fact of murder to an indictment charging murder only. Sections 20 and 21 of the Criminal Procedure Act 1986 did not apply because the indictment was not defective and those provisions concern permitting amendment, not compelling the Crown to amend. Accessory after the fact of murder was not an available alternative to murder.

Court Disposition

Application dismissed.

Orders

  • ['The application to order the Crown Prosecutor to add a count to the indictment was dismissed.' 'The trial will proceed with the indictment containing a single count of murder.']