An amendment to an indictment that deletes a circumstance of aggravation, leaving the non-aggravated statutory alternative offence, is properly made under s 20 of the Criminal Procedure Act 1986 (NSW) and does not require re-arraignment because no new offence is charged. A deficiency in the Crown evidence as to an element of the offence is not a defect in the indictment engaging s 21.
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