Challenges to an indictment or charge sheet Flashcards
What is the rule re duplicity of charges?
The rule against duplicity prohibits the prosecution alleging two or more offences in a single charge in a charge-sheet or indictment.
What are the forms of duplicity?
Patent Duplicity when a single charge in the charge-sheet/indictment alleges the commission of two or more offences. This relates to the form of the charge-sheet or indictment rather than the evidence.
Latent Duplicity where the charge reveals only one offence but the evidence led by the prosecution discloses a number of separate offences which could establish the charge.
Exceptions:
a) Course of conduct charge
o A course of conduct charge is a single charge for a single offence, which incorporates multiple incidents of the same offence committed on more than one occasion over a specified period
o Course of conduct charges are only available for: rape, sexual assault, incest, sexual offences against children, sexual offences against person with cognitive impairment, sexual servitude, theft, robbery, armed robbery, burglary, agg burg, unlawfully taking control of an aircraft, going equipped to steal, identity crime, money laundering, cheating at gambling & computer offences.
o Does not require guilty plea or consent of the accused
b) Rolled up charges
o A “rolled-up” charge alleges a series of separate offences in a single charge and is permissible only with the consent of the accused and on a plea of guilty.
o This is negotiated between the P & D.
Where a charge is duplex, the prosecution may elect to proceed in relation to a particular incident; may provide particulars to reduce the ambiguity; and/or may amend the charge-sheet or indictment.
What is demurrer?
Where the statements in the charge are true but do not reveal an offence known to law
What is vagueness in the context of charges?
Where the charge does not adequately particularize the offence (cl 7, Sch 1 CPA)
