DPP (NSW) v Knight [2006] NSWSC 646

Reported Decision : 162 A Crim R 555

New South Wales Supreme Court

CITATION : DPP (NSW) v Knight [2006] NSWSC 646

HEARING DATE(S) : 19/06/06

JUDGMENT DATE : 11 July 2006

JUDGMENT OF : Whealy J at 1

DECISION : The orders are as follows: 1. An order pursuant to s 57(1)(c) of the Crimes (Local Court Appeal & Review) Act 2001 ("Appeal and Review Act") granting the plaintiff, so far as it is required, leave to appeal against the order of the magistrate made on 30 November 2005 at Penrith Local Court denying the application made by the prosecutor in the Local Court proceedings to amend the indictment. 2. An order pursuant to s 59(2) of the Appeal and Review Act that the order of the magistrate made on 30 November 2005 at Penrith Local Court dismissing proceedings against the defendant for the offence of fail to supply particulars of driver, s 21(1)(a) of the Road Transport (General) Act 1999 be set aside. 3. An order that the matter be remitted to the Local Court to be dealt with according to law. 4. An order that the defendant pay the costs of the plaintiff. The defendant, if suitably qualified, is to have a Certificate under the Suitors Fund Act in respect of the costs.

CATCHWORDS : Offences - time of the essence - amendment of indictment - powers to amend - injustice an unfair trial

Road Transport (General) Act 1999 s 21(a) LEGISLATION CITED : Criminal Procedure Act 1986 Crimes (Local Court Appeal & Review) Act 2001 ("Appeal and Review Act") Suitors Fund Act

Halsbury's Laws of England (4th Edition) Vol II Rodney John Stringer [2000] 116 A Crim R 198 at 202 R v VHJ (NSWCCA 7 July 1996 unreported) The King v Dean (1932) NZLR 753 CASES CITED : R v Kringle (1953) TAS SR 52 R v Pfitzner (1976) 15 SASR 171 R v Westerman (1991) 55 A Crim R 353 Demetrriou v Director of Public Prosecutions & Anor [2000] NSWSC 1060 per Studdert J at (19)) Borodin & Anor v R [2006] NSWCCA 83 at {20-24] per Howie J