Published 27 March 2018
Pre-rial ruling — application to amend CRN number details — application to amend dates — limitation period — Criminal Procedure Act 2011, s 133 — Smoke-free Environments Act 1990, s 37 (3). The prosecution sought to amend the dates that the defendant was alleged to have imported a product on the grounds that the change was in conformity with the proof, that the dates were not a material particular of the charge and that the amendment would not prejudice the defendant. The defence raised issues including the length of time that the prosecution had to correct the dates and the limitation period contained in the Smoke-free Environments Act. In finding that the charge should be amended, the court noted a belated disclosure by the prosecution, and that the second importation was far larger than the first but that the case was a test case and that the bulk or quantity of products imported should not overwhelm a Judge. The court allowed the charge to be amended from "between 8 December 2016 and 30 December 2016" to read "on or about 16 November 2016". Judgment Date: 5 March 2018
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