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


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.