This session focusses on the one thing almost everyone overlooks: the information.
The trial offers many opportunities to f**k up, but few so shameful as a technicality arising from the information. Lurking within our trial lists is a veritable minefield of technical defects that give defence lawyers what they love the most – the chance to avoid a trial on the merits. There are, unfortunately, too many examples to fit into one hour, but this session will canvas some common hazards and issues encountered by the rookie crown, such as:
- the information that was sworn out of time or never sworn
- faulty crown election
- common errors in charge wording
- repairing the information: re-lay or amend?
- mid-trial applications to amend
- incorrect charges at the bail hearing
This session was held on July 11th, 2012 and presented by Matthew Geigen-Miller with Stephen Donoghue supervising.