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821.   Statements in alternative as in enactment lawful

Revised Laws of Saint Lucia (2021)

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821.   Statements in alternative as in enactment lawful

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    (1)   Where an enactment creating an offence states the offence to be—

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      (a)     the doing or the omission to do any one of any different acts in the alternative;

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      (b)     the doing or the omission to do any act in any one of any different capacities;

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      (c)     with any one of any different intentions;

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      (d)     states any part of the offence in the alternative,

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    the acts, omissions, capacities, or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.

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    (2)   A count shall not be deemed objectionable on the ground that it charges in the alternative several different matters or acts which are stated in the alternative in the enactment describing any offence, or declaring the matters or acts charged to be an indictable offence, or on the ground that it is double or multifarious.

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    (3)   The Court may, at any stage of the trial, amend or divide the count on the ground that it is so framed as to embarrass the accused in his or her defence.

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    (4)   The Court may, if it is satisfied that the ends of justice require it, order any count to be amended or divided into 2 or more counts, and, on such order being made, the count shall be so divided or amended, and a formal commencement may be inserted before each of the counts into which it is divided.

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