An accused has no right to have a charge prosecuted on one particular factual basis, and the Crown may amend an indictment to add alternative counts even on the day of trial, provided the amendment does not prejudice the accused's right to a fair trial. Where alternative counts arise from the same factual basis, separate trials will almost never be ordered, as any prejudice from evidence relevant to one count but not another can be addressed by jury directions. The question of whether s 52A(3) of the Crimes Act 1900 creates one offence or three was left open.
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