(a)the prosecution fails to serve the Case for the Prosecution on the defence, or the defence fails to serve the Case for the Defence after the Case for the Prosecution has been served on the defence;
Section history
Section 169 — Consequences of non-compliance with Division 2
As in force on 26 May 2025.
Timeline 5 versions
(1)The court may draw such inference as it thinks fit if —
(aa)the prosecution fails to file the Case for the Prosecution in court, or the defence fails to file the Case for the Defence in court after the Case for the Prosecution has been served on the defence;
(b)the Case for the Prosecution or the Case for the Defence does not contain any or any part of the items specified in section 162(1) or 165(1), respectively;
(ba)the prosecution fails to serve on the defence any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under section 166 to serve on the defence;
(bb)the defence fails to serve on the prosecution a copy of each documentary exhibit that is set out in the list mentioned in section 165(1)(c) and is in the possession, custody or power of the accused; or
(c)the prosecution or the defence puts forward a case at the trial which differs from or is otherwise inconsistent with the Case for the Prosecution or the Case for the Defence, respectively, that has been filed.
(2)A court may order a discharge not amounting to an acquittal in relation to a charge that the prosecution intends to proceed with at trial, if —
(a)the prosecution fails to serve the Case for the Prosecution in respect of that charge within the time permitted under section 161;
(aa)the prosecution fails to file the Case for the Prosecution in court;
(b)the Case for the Prosecution does not contain any or any part of the items specified in section 162; or
(c)the prosecution fails to serve on the defence, within the time permitted under section 166, any copy of a statement, transcript, documentary exhibit or criminal record that the prosecution is required under that provision to serve on the defence.
(3)Without affecting the generality of subsection (1), if any matter mentioned in paragraph (a), (aa), (b), (ba), (bb) or (c) of subsection (1) is satisfied, the court may in determining —
(a)whether there is a case to answer; and
(b)whether the accused is guilty of the offence charged or not,
draw such inferences from the matter as appear proper.
(4)Any matter from which a court may draw such inferences under subsection (3) may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given by or against the accused in relation to which the matter is material.