An erroneous reference on a Presentment to a statutory provision that did not exist at the time of the alleged offence does not invalidate a conviction where the offence existed at common law and the statutory provision merely prescribed the maximum penalty. The word 'unlawfully' in s 68(3A) of the Crimes Act 1958 adds nothing to the description of the offence of indecent assault, and the circumstance that the earlier legislation related solely to offences against males is of no particular account where the later provision applied to 'another person'.
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