JUSTICES ACT 1902 - SECT 65 No objection for defect or variance

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 65

65 No objection for defect or variance

(1) No objection shall be taken or allowed to any information, complaint, summons, or warrant in respect of:

(a) any alleged defect therein in substance or in form, or

(b) any variance between information, complaint, summons, or warrant and the evidence adduced in support of the information or complaint at the hearing.

(2) No variance between any information and the evidence adduced in support thereof at the hearing in respect of the time or place at which the offence or act is alleged to have been committed shall be deemed material if it is proved that the information was in fact laid within the time limited by law in that behalf or that the offence or act was committed in New South Wales, as the case may be.

(3) Where any such defect or variance appears to the Justice or Justices present and acting at the hearing to be such that the defendant has been thereby deceived or misled such Justice or Justices may upon such terms as the Justice or Justices may think fit adjourn the hearing of the case to some future day.