R v BX [2010] NSWDC 313

R v BX [2010] NSWDC 313

Amendments to the dates on counts 4, 5, 6 and 7 allowed as no injustice to the accused is found; refusal to allow amendment to location on count 6 as it would cause prejudice to the accused who has not had opportunity to address the changed location in evidence.

Jurisdiction
Australia
Judgment Date
25 November 2010
Procedural Posture
Criminal / Jury Trial (application to Amend Indictment)
Outcome
Application to amend indictment as to dates allowed; application to amend as to location refused.
Legal Topics
['amendment of Indictment' 'historical Sexual Assault' 'jury Trial' 'prejudice to Accused']
['criminal Law'] ['amendment of Indictment' 'historical Sexual Assault' 'jury Trial' 'prejudice to Accused']

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Procedural Posture

Criminal / Jury Trial (application to Amend Indictment)

Legal Issues

  1. 1 ['Whether the proposed amendment to dates on the indictment results in injustice to the accused' 'Whether the proposed amendment to place on count 6 results in injustice to the accused']

Ratio Decidendi

Amendments to the dates on counts 4, 5, 6 and 7 allowed as no injustice to the accused is found; refusal to allow amendment to location on count 6 as it would cause prejudice to the accused who has not had opportunity to address the changed location in evidence.

Court Disposition

Application to amend indictment as to dates allowed; application to amend as to location refused.

Orders

  • ['Leave granted to amend indictment as to dates on counts 4, 5, 6 and 7.' 'Refusal of application to amend location in count 6.']