Foster and Rutherford v DPP [2004] EWHC 2955 (Admin) – Child Abduction Act 1984.
- where there are two or more forms of the same offence, each variant charged is a material averment.
- alleging wrong form of an offence can be fatal.
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Related case digests
- R v MC [2012] EWCA Crim 213 – SOA – s 3 CApA.
1) mistake in charging offence under wrong statute is fatal. - statute under which offence alleged was a material averment. 2) meaning of “on the indictment”. - offence on the indictment under SOA 1956 cannot amount to an offence under SOA 2003.