Where an indictment through inadvertence does not reflect the agreed basis of a guilty plea and a finding of guilt on the charge as described is not open on the evidence, the conviction involves a substantial miscarriage of justice and the Court of Appeal may substitute a conviction for the agreed offence under s 277(1)(c) of the Criminal Procedure Act 2009. The Court may impose the same sentence for the substituted charge where the original sentence was already lenient.
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