ABSTRACT
There can be no objection to the amendment of the date and place in a charge unless it will cause the defendant severe embarrassment. This will occur, for example, late in a trial when he is running a defence of alibi. In such latter case, the date of the incident is of essence. Where it is not, the court will always grant an amendment of this particular: Joseph v The State (1983) 32 WIR 225, a decision of the Court of Appeal of the Eastern Caribbean States. In that case, the date of the offence was amended to read 12 February 1981 instead of 12 May 1981. Such an amendment was also permitted in Cross v John (1964) 7 WIR 359, a decision of the Trinidad and Tobago Court of Appeal, when the date of the offence was wrongly stated in the complaint. Once the new date still shows that the complaint was laid within the statutory time period (in respect of summary matters), the amendment should be allowed.
