Case Deserted By Court Due To Technical Objection

Normally the Crown is afforded a degree of latitude when libelling the date of an alleged offence. We are contacted almost on a daily basis and asked whether the fact the fixed penalty or the charge sheet has the wrong date serves to vitiate the proceedings. The answer is usually no however in this particular case, because the date was the essence of the charge and was over 3 months out , we successfully opposed the Crown motion to amend the complaint and the matter was deserted simpliciter.