Defects And Variances

Question 0

Section 40

Answer 0

Adjournments generally

If the amendment catches the defence by surprise or put out by the defence they get a adjournment

Question 1

S 16 criminal procedure act

Answer 1

Certain defects do not affect indictment

Being able to amend an indictment

Question 2

Defect -

Answer 2

Can apply to both the substance and the form. Can mean error, omission, imperfection, fault or insufficiency

Question 3

Variance

Answer 3

The term variance only applies to the ‘substance’. Means a variation between the substance and the evidence

Question 4

R v Lister

Answer 4

Wrong name used by def on that date

Question 5

A variance points to some deference between the allegation and the evidence not to a different offence

Answer 5

Martin v Prigeon

Question 6

R v Stringer

Answer 6

Question of time
Act is criminal only when done within a certain time
Essential ingredient of a particular offence

Question 7

Section 20 CPA

Answer 7

Amending of indictment
Leave of the court
Or
Accused

Question 8

R v Bovjaoude

Answer 8

The weight of the indictment

Question 9

Ex party Connell

Answer 9

Incorrect date shown on indictment

Question 10

Camilleri V Wilkinson

Answer 10

Variance - name of drug