A charge under s 49(1)(e) of the Road Safety Act 1986 that refers to s 55 generally without specifying the relevant sub-section is defective for failing to allege an essential element, but is not a nullity and may be amended under s 50 of the Magistrates' Court Act 1989 even after expiration of the 12-month limitation period, provided the defendant was put on notice of the true nature of the offence before the limitation period expired — whether by the face of the charge, particulars, or the police brief. A magistrate has power and may have a duty to consider amendment on own motion even where the prosecutor does not apply to amend.
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