High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HEYDON AND KIEFEL JJ
RAYMOND FREDERICK AYLES APPELLANT
AND
THE QUEEN RESPONDENT
Ayles v The Queen [2008] HCA 6
28 February 2008
A40/2007
ORDER
Appeal dismissed.
On appeal from the Supreme Court of South Australia
Representation
A L Tokley for the appellant (instructed by Townsends)
C J Kourakis QC, Solicitor-General for the State of South Australia with S A McDonald for the respondent (instructed by Director of Public Prosecutions (SA))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Ayles v The Queen
Criminal law – Practice and procedure – New statutory offence provision in period particularised on the information – Need for amendment – No formal application by prosecutor to amend.
Criminal law – Practice and procedure – Admission by accused to offence outside dates particularised on the information – Trial judge's findings follow admission.
Criminal law – Practice and procedure – Whether trial judge has power to amend statutory provision without application by parties – Criminal Law Consolidation Act 1935 (SA), s 281(2) – Distinct functions of judge and prosecutor – Whether amendment conformed to prosecutor's intention.
Criminal law – Practice and procedure – Procedural fairness – Whether amendment without opportunity for accused to make submissions.
Criminal law – Practice and procedure – Correct offence not noted on information – Order for amendment incompletely noted on the information – Whether affects amendment of information – Whether administrative task.
Criminal Law Consolidation Act 1935 (SA), ss 281(2) and 281(3).
1. GLEESON CJ. In accordance with the limited grant of special leave to appeal, the grounds of appeal in this matter are as follows:
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