section 601(4)

SECTION WORDING

601(4) The court shall, in considering whether or not an amendment should be made to the indictment or a count in it, consider (a) the matters disclosed by the evidence taken on the preliminary inquiry; (b) the evidence taken on the trial, if any; (c) the circumstances of the case; (d) whether the accused has been misled or prejudiced in his defence by any variance, error or omission mentioned in subsection (2) or (3); and (e) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.