The Crown appealed an acquittal, arguing the trial judge erred by failing to give effect to the 'on or about' language in the indictment and by refusing to amend the indictment.
The Court of Appeal dismissed the appeal, finding that an expansive interpretation of the date would be unfair given the alibi defence presented, and that the Crown's request to amend the indictment during closing submissions was too late and would prejudice the accused.
