Section 9A Inclosed Lands Protection Act | Refusing to Furnish Particulars


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Section 9A of the Inclosed Lands Protection Act 1901 (NSW) is Refusing to Furnish Particulars and is extracted below.

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The Legislation

9A Particulars to be furnished

(1) If a defendant charged with an offence under this Act:
(a) has requested the informant to furnish to the defendant reasonable particulars of the behaviour or conduct the subject of the charge, and
(b) the informant, or some person on his or her behalf, has not so furnished those particulars,
the court before which the defendant is charged is to adjourn the charge pending the furnishing of those particulars or may dismiss the charge.

(2) If, at the hearing of a charge for an offence referred to in subsection (1):
(a) the evidence discloses behaviour or conduct that constitutes such an offence, and
(b) that behaviour or conduct is different from the behaviour or conduct of which particulars have been given to the defendant under subsection (1),
the court may, on the application of the defendant and if it is of the opinion that the defendant was deceived by those particulars, adjourn the hearing on such terms as it thinks fit.

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Choosing the right legal team to defend your reputation and interests can be a difficult process.

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Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

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Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

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