Ayles v The Queen

Criminal law – Practice and procedure - New statutory offence provision in period particularised on the information - Need for amendment - No formal application by prosecutor to amend.

Criminal law – Practice and procedure - Admission by accused to offence outside dates particularised on the information - Trial judge's findings follow admission.

Criminal law – Practice and procedure - Whether trial judge has power to amend statutory provision without application by parties - Criminal Law Consolidation Act 1935 (SA), s 281(2) - Distinct functions of judge and prosecutor - Whether amendment conformed to prosecutor's intention.

Criminal law – Practice and procedure - Procedural fairness - Whether amendment without opportunity for accused to make submissions.

Criminal law – Practice and procedure - Correct offence not noted on information - Order for amendment incompletely noted on the information - Whether affects amendment of information - Whether administrative task.

Criminal Law Consolidation Act 1935 (SA) – ss 281(2) and 281(3).