Offences may be charged in the alternative
590 (1) A count is not objectionable by reason only that
(a) it charges in the alternative several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an indictable offence the matters, acts or omissions charged in the count; or
(b) it is double or multifarious.
Application to amend or divide counts
(2) An accused may at any stage of his trial apply to the court to amend or to divide a count that
(a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that describes the offence or declares that the matters, acts or omissions charged are an indictable offence, or
(b) is double or multifarious,
on the ground that, as framed, it embarrasses him in his defence.
Order
(3) The court may, where it is satisfied that the ends of justice require it, order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided.
Annotations
- Part XX