BURRELL v. JACENKO [1998] NSWLEC 38

BURRELL v. JACENKO [1998] NSWLEC 38

The proposed amendments do not change the offence charged; the defendant may be prosecuted as a principal even if he is a secondary participant. There is judicial power to permit amendments in these circumstances and no substantive prejudice results to the defendant.

Jurisdiction
Australia
Judgment Date
23 July 1998
Procedural Posture
Criminal Summary Proceedings / Application for Amendment of Summons Particulars
Outcome
Prosecutor granted leave to amend summons particulars
Legal Topics
['amendment of Summons' 'secondary Participation in Offence']
['heritage' 'criminal Procedure'] ['amendment of Summons' 'secondary Participation in Offence']

Case Brief

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Procedural Posture

Criminal Summary Proceedings / Application for Amendment of Summons Particulars

Legal Issues

  1. 1 ['Whether amendments to the particulars of the summons charge a different offence' 'Whether the defendant is prejudiced by the proposed amendments' 'Relationship between secondary participation and principal liability under statute']

Ratio Decidendi

The proposed amendments do not change the offence charged; the defendant may be prosecuted as a principal even if he is a secondary participant. There is judicial power to permit amendments in these circumstances and no substantive prejudice results to the defendant.

Court Disposition

Prosecutor granted leave to amend summons particulars

Orders

  • ['Prosecutor granted leave to amend summons as described in paragraph 2' 'Parties granted leave to approach Registrar for a date for resumption of hearing']