R v Shields [2011] EWCA Crim 2343 – SOA – CDA – ss 2 and 3 CApA.
1) conviction not unsafe by reason of drafting or clerical error, omission, discrepancy, or departure from good or prescribed practice.
- merely omitting a word such as “knowingly” did not make the indictment invalid where it described a known offence with incomplete particulars.
- conviction unsafe if D could not in law be guilty of the offence charged on the facts.
- indictment alleging unknown offence cannot be cured by amendment after conviction.
2) s 3 CApA cannot be used to substitute a conviction for another offence if D could not have been convicted of that other offence on the indictment.
undefined: unpaid