Marginal notes on a Queensland indictment are not part of the indictment and s 572 of the Criminal Code (Qld) does not govern their amendment. When a complainant does not come up to proof on a particularised allegation, the trial judge must independently consider materiality and prejudice before permitting amendment of particulars, even where defence counsel does not oppose the amendment. Where an admission of a prior inconsistent allegation is tendered, the jury must be directed that it is not evidence of the truth of the matters stated and may only be used to assess credibility and reliability. The phrase 'merits of the case' in s 572(1) refers to the Crown case.
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