A count cannot be characterised as 'representative' where the only other incident of the same type within the specified period is itself the subject of a separate charge on the presentment. The essence of a representative count is that the relevant acts cannot be sufficiently particularised to frame specific individual counts. A sentencing judge cannot be invited to sentence on the basis of conduct falling outside the time frame specified in a count, even where that count is described as representative. The Court of Appeal has inherent or implied power to amend a presentment at the appellate stage where the deficiency is formal only and the amendment can be made without injustice.
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