South Australian Consolidated Acts South Australian Consolidated Acts1—Form of information etc
(1) Informations and
other criminal pleadings may be written or printed, or partly written and
partly printed, and shall be on white folio foolscap paper on one side only
with a quarter margin, and shall be folded lengthwise.
(2) Figures and
abbreviations may be used in informations for expressing anything which is
commonly expressed thereby.
(3) There shall be
endorsed on the back of every information the names of the witnesses intended
to be called at the trial.
(4) An information
shall not be open to objection by reason only of any failure to comply with
this rule.
2—Form of commencement of an information
The commencement of an information shall be in the following form:
3—Charges may be joined in one information
Charges for any offences may be joined in the same information if those
charges are founded on the same facts or form, or are a part of, a series of
offences of the same or a similar character.
4—Setting out of offences and counts in information
(1) A description of
the offence charged in an information or, where more than one offence is
charged in an information, of each offence so charged, shall be set out in the
information in a separate paragraph, called a count.
(2) A count of an
information shall commence with a statement of the offence charged, called the
statement of offence.
(3) The statement of
offence shall describe the offence shortly in ordinary language, avoiding as
far as possible the use of technical terms, and without necessarily stating
all the essential elements of the offence and, if the offence charged is one
created by statute, shall contain a reference to the section of the statute
creating the offence and, if the penalty for the offence charged is fixed by
statute, may contain a reference to the section of the statute fixing the
penalty.
(4) After the
statement of the offence, particulars thereof shall be set out in ordinary
language in which the use of technical terms shall not be necessary: Provided
that where any rule of law or any enactment limits the particulars of an
offence which are required to be given in an information, nothing in this rule
shall require any more particulars to be given than those so required.
(5) The forms set out
in the appendix to these rules, or forms conforming thereto as nearly as may
be, shall be used in cases to which they are applicable and in other cases
forms to the like effect, or conforming thereto as nearly as may be, shall be
used, the statement of offence and the particulars of offence being varied
according to the circumstances in each case.
(6) Where an
information contains more than one count, the counts shall be numbered
consecutively.
5—Alternative offences may be stated in an information
(1) Where an enactment
constituting an offence states the offence to be the doing or the omission to
do any one of any different acts in the alternative, or the doing or the
omission to do any act in any one of any different capacities, or with any one
of any different intentions, or states any part of the offence in the
alternative, the acts, omissions, capacities or intentions, or other matters
stated in the alternative in the enactment, may be stated in the alternative
in the count charging the offence.
(2) It shall not be
necessary, in any count charging a statutory offence, to negative any
exception or exemption from, or qualification of, the operation of the statute
creating the offence.
6—Description of property in an information
(1) The description of
property in a count in an information shall be in ordinary language and such
as to indicate with reasonable clearness the property referred to and, if the
property is so described, it shall not be necessary (except when 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.
(2) Where property is
vested in more than one person and the owners of the property are referred to
in an information, it shall be 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, such as "Inhabitants",
"Trustees", "Commissioners" or "Club", or other such name, it shall be
sufficient to use the collective name without naming any individual.
7—Description of accused in an information
The description or designation in an information of the accused person, or of
any other person to whom reference is made therein, shall be such as is
reasonably sufficient to identify him, without necessarily stating his correct
name, or his abode, style, degree or occupation; and if, owing to the name of
the person not being known or for any other reason, it is impracticable to
give such a description or designation, such description or designation shall
be given as is reasonably practicable in the circumstances, or the person may
be described as "a person unknown".
8—Description of document in an information
Where it is necessary to refer to any document or instrument in an
information, it shall be sufficient to describe it by any name or designation
by which it is usually known, or by the purport thereof, without setting out
any copy thereof.
9—Description of sundry matters in an information
Subject to any other provisions of these rules, it shall be sufficient to
describe any place, time, thing, matter, act or omission whatsoever to which
it is necessary to refer in any information in ordinary language, in such a
manner as to indicate with reasonable clearness the place, time, thing,
matter, act or omission referred to.
10—Not necessary to state intent in an information in certain
circumstances
It shall not be necessary, in stating any intent to defraud, deceive or
injure, to state an intent to defraud, deceive or injure any particular
person, where the statute creating the offence does not make an intent to
defraud, deceive or injure a particular person an essential ingredient of the
offence.
11—Statement of previous convictions in an information
Any charge of a previous conviction may be made either by a separate
information or at the end of the information by means of a statement that the
person accused has been previously convicted of that offence at a certain time
and place without stating particulars of that offence.