Demetriou v DPP [2000] NSWSC 1060

Demetriou v DPP [2000] NSWSC 1060

The magistrate lawfully amended the information under s 65 of the Justices Act to correct a typographical error as to date since the information was laid within the prescribed period, the error did not mislead or prejudice the plaintiff, and there was no denial of natural justice.

Jurisdiction
Australia
Judgment Date
17 November 2000
Procedural Posture
Summons for Prohibition Order / Judgment on Application for Prohibition
Outcome
Application dismissed
Legal Topics
['amendment of Informations' 'timing of Prosecutions' 'natural Justice' 'local Court Procedure']
['criminal Law' 'procedure'] ['amendment of Informations' 'timing of Prosecutions' 'natural Justice' 'local Court Procedure']

Case Brief

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Procedural Posture

Summons for Prohibition Order / Judgment on Application for Prohibition

Legal Issues

  1. 1 ['Whether a typographical error as to date in an information invalidated the charge' 'Whether the magistrate could amend the information under s 65 of the Justices Act after the six-month limitation period' 'Whether the plaintiff was denied natural justice by the amendment']

Ratio Decidendi

The magistrate lawfully amended the information under s 65 of the Justices Act to correct a typographical error as to date since the information was laid within the prescribed period, the error did not mislead or prejudice the plaintiff, and there was no denial of natural justice.

Court Disposition

Application dismissed

Orders

  • ['Summons dismissed' "Plaintiff to pay the first defendant's costs of the proceedings"]