What is the test for an amendment by a magistrate to a criminal conviction?
Saskatchewan, Canada
The following excerpt is from Rex v. Watchman., 1914 CanLII 292 (SK QB):
So far as the amendment by the magistrate is concerned, the magistrate, assuming that he had the right to amend, would have to have before him evidence which would justify an amendment. See Paley on Convictions, 7th ed., p. 234. In Rex v. Barker, 1 East, p. 188, Lord Kenyon, C.J., says:— "If the magistrate has done no more than return the conviction in a mere formal shape, instead of sending it up in the informal manner in which it was first drawn, and supposing that the facts as they really happened would warrant him in the return he has now made, the contrary of which is not imputed, I am of the opinion that it was not only legal but laudable in him to do as he has done, and he would have done wrong if he had acted otherwise."
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