A failure to comply with s 175(3)(b) of the Criminal Procedure Act 1986 (NSW) — the requirement that a court attendance notice 'briefly state the particulars of the alleged offence' — does not render the CAN or any resulting conviction invalid, provided the CAN identifies all the elements of the offence. The remedy for inadequate particulars is to seek further particulars from the court, not to challenge the validity of the proceedings. Courts exercising summary criminal jurisdiction have an implied power to order further particulars of a criminal charge.
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