Where a prosecution error renders a charge on an indictment bad in law, the Court of Appeal may amend the indictment under s 165(1) of the Criminal Procedure Act 2009 and resentence the applicant itself rather than remitting to the County Court, particularly where remittal would expose the applicant to the risk of a higher sentence arising from the prosecution's own error. The power to amend under s 165(1) does not extend to adding a new charge where this would cause injustice to the accused.
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