Section 281(2) of the Criminal Law Consolidation Act 1935 (SA) confers power to amend an Information even where the amendment has the effect of substituting a new charge under a different statutory provision, provided the substance of the case does not alter and no injustice results. A trial judge is not required to await a formal application from the prosecutor before ordering such an amendment. Re-arraignment is not essential where the amendment does not introduce a new element to the trial. The SA amendment power is wider than the Queensland equivalent considered in Maher v The Queen.
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