The amendment of an indictment on a retrial to include a count not put before the original jury was not unlawful. The question of whether such an amendment amounted to an abuse of process was a question of fact to be decided by considering whether the defendant would suffer an injustice as a result of the amendment.

CA (Crim Div) (Swinton Thomas LJ, Turner J, Morison J)

18/09/2000