Crown prosecutors must seek and obtain leave to amend particulars before a trial judge can direct a jury on any basis broader than those particulars, regardless of whether the evidence supports a wider case or the defence appears unaware of any prejudice; defence counsel should object immediately and specifically to any judicial expansion of the Crown case beyond its particulars, and should articulate — even if only provisionally — how the defence may have been conducted differently, as a failure to do so may be treated as a concession of no prejudice.
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