Section 105: Alteration of information.

(1) Where, before trial upon information or at any stage of such trial, it appears to the Court that the informationis defective, the Court shall make such order for the amendment of the information as the Court thinks necessary to meet the circumstances of the case, unless having regard to the merits of the case, the required amendments cannot be made without injustice. All such amendments shall be made in such terms as shall seem to the Court to be just. (2) Where the information is amended as aforesaid, the Court shall thereupon call upon the accused or defendant to plead to the altered information. (3) Variance between the information and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material, if it is proved that the information was in fact made within the time, if any, limited by law for the making thereof. (4) Where an amendment of an information is made under subsection (1) or where there is a variation between the information and the evidence as described in subsection (3), the Court shall, if it is of opinion that the accused or defendant has been thereby deceived or embarrassed, allow any witness to be recalled and further questioned upon any matters relevant to the amended or varied charge and the Court may adjourn the trial for such period as may be reasonably necessary.