Ducret, A.R. v. Chaudhary, S.I. & Anor [1985] FCA 625

Ducret, A.R. v. Chaudhary, S.I. & Anor [1985] FCA 625

The amendments to the particulars did not constitute new charges but only clarified the conduct associated with the alleged offence, so the statutory bar on new prosecution was not engaged. The court permitted substitution of particulars for each summons.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 December 1985
Procedural Posture
Criminal Prosecution / Interlocutory Application for Amendment of Particulars
Outcome
application for amendment of particulars granted; hearing deferred
Legal Topics
['misleading and Deceptive Conduct' 'amendment of Particulars' 'statute Barred Offences' 'federal Court Procedure']
['trade Practices' 'criminal Law'] ['misleading and Deceptive Conduct' 'amendment of Particulars' 'statute Barred Offences' 'federal Court Procedure']

Source-derived case record

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Procedural Posture

Criminal Prosecution / Interlocutory Application for Amendment of Particulars

Legal Issues

  1. 1 ['Whether particulars of offence may be amended after the offence is statute-barred' 'Whether amendment creates a new charge' 'Whether discretion should be exercised to refuse amendment']

Ratio Decidendi

The amendments to the particulars did not constitute new charges but only clarified the conduct associated with the alleged offence, so the statutory bar on new prosecution was not engaged. The court permitted substitution of particulars for each summons.

Court Disposition

application for amendment of particulars granted; hearing deferred

Orders

  • ['The particulars sought to be substituted by each notice of motion are permitted and shall be substituted in each matter for the particulars contained in each summons.' 'The defendants are permitted a deferment of the hearing to prepare their defence to the amended particulars.' 'The question of a hearing date for...