R v Dawson Roderick (No 4) [2016] NZDC 3882

Published 31 July 2016

Application to amend charge list — Criminal Procedure Act 2011, s 136 — Gamble v R [2012] NZCA 91 — Mason v R [2010] NZSC 129, [2011] 1 NZLR 296. Crown sought to amend some of the charges in regards to the date ranges and locations of the offending. Defence opposed the amendments on grounds of fairness. Regarding location, the defence pointed to case law regarding the difficulties for the defence and jury of offending alleged at more than one location (Gamble and Mason). Judge determined it was appropriate to allow amendment as to the date ranges, which had been clarified throughout the course of trial and would make the charge fit with the proof better (s 136(1)(b). However, as to the locations of the alleged offending, and the particular way in which the Crown wished to amend the charges, the Judge determined it would be contrary to the Gamble and Mason decisions to allow amendment. To determine otherwise would create difficulties for both the jury and Judge. **Note: names have been changed to comply with legal requirements.