R v D [2016] EWCA Crim 454 – Ss 14(1) and 15(1) SOA 1956 – r 10.2 (formerly 14.2) CrimPR.
1) “any legislation that creates” the offence charged in r 10.2 (formerly 14.2) CrimPR means the relevant section of the statute or provision of the subordinate instrument – identifying only the statute or instrument is insufficient.
2) identifying the wrong section number in an indictment renders it defective, but if no more than a drafting or clerical error and the indictment is otherwise compliant and D is not prejudiced, a conviction thereunder may be safe.
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