Where charges are found duplicitous for failing to nominate specific days of breach, amendments to specify particular days clarify rather than reformulate the charges and are permissible even after the limitation period. However, a court retains discretion to refuse multi-day amendments where they would expose a defendant to the theoretical possibility of increased penalty, notwithstanding the totality principle. The totality principle does not guarantee only one sentencing outcome and does not eliminate the risk of higher aggregate penalties from multi-count charges.
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