Alexander v Bakes

Alexander appealed to the ACT Court of Appeal against orders of the ACT Supreme Court which affirmed convictions entered in the ACT Magistrates Court. The appellant had been convicted of theft under section 308 of the *Criminal Code 2002* (ACT). The central dispute concerned the magistrate's decision to allow an amendment of the charges pursuant to section 28 of the *Magistrates Court Act 1930* (ACT).

The appeal raised several legal issues for determination by the Court of Appeal. These included whether the decision of the appeal judge in the Supreme Court was unreasonable and could not be supported by the evidence, whether the amendment of the charges was necessary, whether the jurisdiction under section 28 of the *Magistrates Court Act 1930* (ACT) was properly enlivened, and whether it would occasion injustice to the appellant to allow the amendment of the charges.

The Court of Appeal considered the nature of an appeal to the ACT Supreme Court from the Magistrates Court and the scope of the magistrate's power to amend charges. The court applied principles relating to the necessity of amendments and the potential for injustice to an accused when such amendments are permitted. After considering these matters, the Court of Appeal concluded that the appeal was without merit. The appeal was dismissed.