The appellant appealed his conviction for assault with a weapon, arguing that the evidence at trial did not support the conclusion that the offence occurred in 1999 as alleged in the information.
The Court of Appeal dismissed the appeal, holding that the date of the offence is not an essential element unless it is critical and the accused is misled or prejudiced.
The court found the appellant knew the case he had to meet and the date played no part in his defence.
