Fox v DPP; Bant v Grant; Nunn v Pezzimenti

(2022) 66 VR 223; [2022] VSCA 38

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Summary offences
3. › Charges and charge-sheets
4. › Validity of charges failing to comply with statutory requirements
5. › Whether charge-sheet containing defective charge is a nullity
6. › Whether charge can be amended after expiry of limitation period
7. › Criminal Procedure Act 2009 (Vic), ss 6, 8, 9, sch 1
1. Statutory Construction
2. › Criminal Procedure Act 2009 (Vic)
3. › Relationship between s 8(4)(a) and cl 1(b) of sch 1
4. › Whether 'sufficiently disclosed the nature of the offence' equates to 'reasonable information as to the nature of the charge'
5. › Power of amendment of charge-sheet
6. › Scope of amendment power under s 8 compared with predecessor s 50 of Magistrates' Court Act 1989
1. Criminal Law
2. › Road safety offences
3. › Speeding
4. › Essential elements of offence under Road Safety Road Rules 2017 r 20(1)
5. › Whether specific location is an essential factual ingredient
6. › Whether misdescription of location invalidates charge
1. Criminal Law
2. › Road safety offences
3. › Drug driving
4. › Essential elements of offences under Road Safety Act 1986 ss 49(1)(bb) and 49(1)(i)
5. › Whether failure to specify drug detected invalidates charge
6. › Whether charge could be amended to include drug name
7. › Whether times of driving and blood sample are essential elements

Quick Take

The requirement in s 8(4)(a) of the Criminal Procedure Act 2009 (Vic) that the charge-sheet 'sufficiently disclosed the nature of the offence' is broader and less demanding than the requirement in cl 1(b) of sch 1 that a charge contain particulars 'necessary to give reasonable information as to the nature of the charge'. A charge that fails to comply with cl 1(b) does not necessarily fail to satisfy s 8(4)(a), and can therefore be amended after the limitation period expires. Glenister v Magistrates' Court of Victoria [2014] VSC 265 should no longer be followed on this point. A charge-sheet containing a defective charge is not a nullity under the CPA and is capable of amendment under s 8, even where the charge would have been invalid at common law.