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Non‑compliance with section 192 makes an amendment irregular (saveable under s323), but material evidential variances caused a substantial miscarriage of justice.
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Criminal procedure — Amendment of charge — Non‑compliance with section 192 (time of amendment, right to recall witnesses, re‑arraignment) — Irregularity not jurisdictional; section 323 — appellate protection where no substantial miscarriage of justice — Variance between charge and evidence — credibility and substantial miscarriage of justice — trial irregularities (prosecutorial misconduct, improper re‑examination, delay).
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28 May 1964 |