That defence won't work since the notice of trial isn't considered an official charging document. The ticket, or certificate of offence, is the official document that lists the correct charge. If the Crown did want to change what you were charged with, they would have to withdraw the original one in Court, then serve you with a summons for the new offence. Clerks type out hundreds of trial notices, and it's not uncommon to see a wrong name or charge section/wording on them from time to time.Denise wrote:When my court date approaches, my working theory right now is that I'll claim I was unable to properly prepare my defence as I was uncertain what I was actually charged with.
The only time you could argue you couldn't prepare a proper defence would be when the ticket itself had the wrong charge/section or you failed to receive disclosure.
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