Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 27

Descriptions in charge

27. Descriptions in charge



(1) A charge must describe the offence which the defendant is alleged to have
committed and a description of an offence in the words of the Act or
subordinate instrument creating it, or in similar words, is sufficient.

(2) A charge must identify the provision of the Act or subordinate instrument
(if any) that creates the offence which the defendant is alleged to have
committed.

(3) The description of property in a charge must be in ordinary language and
such as to indicate with reasonable clarity the property referred to.

(4) If property is described as specified in subsection (3), it is not
necessary (except where required for the purpose of describing an offence
depending on any special ownership of property or special value of property)
to name the person to whom the property belongs or the value of the property.





(5) If property is vested in more than one person and the owners of the
property are referred to in a charge, it is sufficient to describe the
property as owned by one of those persons by name with others and if the
persons owning the property are a body of persons with a collective name, it
is sufficient to use the collective name without naming any individual.

(6) The description or designation in a charge of-

   (a)  the defendant; or

   (b)  any other person to whom reference is made in the charge-

must be reasonably sufficient to identify the person.

(7) If the name of the person is not known or for any other reason it is
impracticable to comply with subsection (6), a description or designation must
be given that is reasonably practicable in the circumstances or the person may
be described as "a person unknown".

(8) If it is necessary to refer to any document in a charge, it is sufficient
to describe that document by any means by which it may be reasonably
identified.