Where an information is defective for uncertainty because the charged period encompasses different offences at different times, the Court of Criminal Appeal may substitute a verdict of guilty of an alternative offence available throughout the entire charged period under s 160(2) of the Criminal Procedure Act 1921 (SA), provided the trial judge was satisfied of facts proving that offence. The [name withheld] principle does not preclude taking into account a particular of penetration when resentencing for Indecent Assault where that particular was expressly charged on the information and does not constitute an uncharged circumstance of aggravation attracting a heavier penalty under a different statutory provision.
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