R v RM (No 3) [2023] NSWDC 92
Section 80AB(9) of the Crimes Act 1900 (NSW) lawfully permits the Crown to rely upon a statutory alternative charge after the trial has commenced, as it is substantively the same as the earlier s 66E(4) operative at the relevant time; neither the legislative text nor context imposes a restriction analogous to that in s 80AF, and no unfairness occurs to the accused in such circumstances.
- Jurisdiction
- Australia
- Judgment Date
- 23 March 2023
- Procedural Posture
- Criminal / Procedural Ruling During Trial
- Outcome
- Application to oppose Crown reliance on alternative charge rejected.
- Legal Topics
- ['child Sexual Offences' 'alternative Charges' 'criminal Procedure' 'amendment of Indictment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Procedural Ruling During Trial
Legal Issues
- 1 ['Whether the Crown can rely on a statutory alternative charge under s 80AB of the Crimes Act 1900 (NSW) after the trial has commenced' 'Whether invoking s 80AB(9) extends criminal liability or causes unfair prejudice to the accused']
Ratio Decidendi
Section 80AB(9) of the Crimes Act 1900 (NSW) lawfully permits the Crown to rely upon a statutory alternative charge after the trial has commenced, as it is substantively the same as the earlier s 66E(4) operative at the relevant time; neither the legislative text nor context imposes a restriction analogous to that in s 80AF, and no unfairness occurs to the accused in such circumstances.
Court Disposition
Application to oppose Crown reliance on alternative charge rejected.
Orders
- ["The accused's opposition to the Crown's reliance upon the statutory alternative to count 5 is rejected."]
Full Case Text
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