R v Abdollahi (No 12) [2013] NSWSC 485

R v Abdollahi (No 12) [2013] NSWSC 485

Sections 93B and 93C of the Crimes Act 1900 (NSW) each create a single offence incorporating use or threat of unlawful violence as alternative elements, and the indictment charging both in the same count is not duplicitous.

Jurisdiction
Australia
Judgment Date
11 April 2013
Procedural Posture
Criminal / Procedural Interlocutory Application During Trial
Outcome
Application refused
Legal Topics
['indictment' 'duplicity' 'riot' 'affray' 'criminal Procedure']
['criminal Law'] ['indictment' 'duplicity' 'riot' 'affray' 'criminal Procedure']

Case Brief

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Procedural Posture

Criminal / Procedural Interlocutory Application During Trial

Legal Issues

  1. 1 ["Whether the indictment charging riot and affray is bad for duplicity under Crimes Act 1900 (NSW) ss 93B and 93C; specifically, whether those sections create more than one offence by including both 'use' and 'threaten' unlawful violence."]

Ratio Decidendi

Sections 93B and 93C of the Crimes Act 1900 (NSW) each create a single offence incorporating use or threat of unlawful violence as alternative elements, and the indictment charging both in the same count is not duplicitous.

Court Disposition

Application refused

Orders

  • ['The application for an order requiring the Crown to make an election to avoid duplicity in the charges of riot and affray is refused.']