An indictment that charges a known offence but includes a defective particular (here, a quantity of drugs that could not at the relevant time constitute the commercial quantity) is defective but not invalid. The words 'namely [quantity]' in a drug supply indictment are a particular, not part of the statement of the offence. Where the s 25(2) offence is charged but cannot be proved due to the defective particular, the Court of Criminal Appeal may substitute a conviction for the lesser s 25(1) offence under s 7(2) of the Criminal Appeal Act 1912.
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