There is no restriction on the prosecution introducing a new count after an order that a case be re-tried. Such an action involved no abuse of process. The lack of authority indicated the obviousness of the existence of the power to amend the indictment, provided only that, as in this case, no injustice ensued.
Times 01-Nov-2000
Criminal Practice
Leading Case
Updated: 01 November 2021; Ref: scu.85575