Where evidence at trial discloses two distinct assaults joined in a single count of indecent assault, and the Crown is not required to elect between them, the count is duplicitous and the conviction must be quashed because it is impossible to determine whether the jury was unanimous on either assault. A trial judge's misattribution of evidence to particular counts in the charge will not result in a miscarriage of justice where the correct attribution is apparent from other parts of the charge and the transcript available to the jury. Evidence of a witness who was approximately 3-4 years old at the time of the incident observed is not necessarily inadmissible, provided the jury is adequately warned about assessing the evidence in light of the witness's very young age.
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