R v Foster; R v Foster; R v Regan

The respondents, Foster and Regan, were charged with historical sexual assault. Foster was additionally charged with incest and child sexual assault. The trial was held before a judge alone. During the trial, the Crown sought to amend the indictment to add an alternative count of sexual intercourse without consent. The respondents objected on the grounds that the Crown should not be allowed to rely on section 80AF of the Crimes Act 1900 (NSW) because it was not in force at the time of the alleged offences. The trial judge allowed the Crown to amend the indictment, and both respondents were convicted. The High Court of Australia allowed the appeals, quashed the convictions and ordered a retrial. The Crown had to decide whether it could rely on section 80AF to amend the indictment, given that it was not in force at the time of the alleged offences, and whether there would be any injustice if the Crown were granted leave to amend the indictment at a late stage of the proceedings. The Court found that the Crown could not rely on section 80AF to amend the indictment because it was not in force at the time of the alleged offences. The Court also found that there would be an injustice if the Crown were granted leave to amend the indictment at a late stage of the proceedings. The Court held that the ratio decidendi of a case is the principle upon which the decision of the court is based, and that where legislation has changed during the period in which an offence was allegedly committed, the Court must apply the law as it stood at the time of the offence. The Court further held that it is not appropriate to grant leave to amend the indictment at a late stage of the proceedings where it would cause injustice to the respondent. The Court quashed the convictions and ordered a retrial.
The High Court of Australia quashed the convictions of Foster and Regan and ordered a retrial.