R v Girvan (No 2)

The case of R v Girvan (No 2) was heard in the relevant court and involved the defendant, Girvan, who was indicted on charges related to an act of indecency on a child under the age of 16 years. The primary issue before the court was whether the indictment could be amended to change the date of the alleged offence, as the initial date specified in the indictment did not align with the evidence presented. The court was required to determine if the amendment to the indictment was permissible under section 264 of the Crimes Act 1900 (ACT).

The court considered the nature of the amendment sought and whether it was substantive or formal. A formal amendment, such as correcting a date, would generally be permissible under the statute, whereas a substantive amendment, which changes the nature of the offence, would not. In this instance, the change of date was deemed to be a formal amendment, as it did not alter the essence of the charges against the defendant. Consequently, the court held that the amendment was appropriate and allowed the amendment to the indictment.

As a result of the court's decision, leave was granted to amend the indictment. The specific amendment involved changing the date of the alleged offence from the 1st day of January 2004 to the 22nd day of June 2001. This adjustment was made in each count of the indictment to ensure accuracy and alignment with the evidence presented during the trial. The final orders of the court were that the indictment be amended by omitting the original date and substituting the correct date in each count.