Is there sufficient evidence to support the charge as restricted by the particulars?

As to the second question (b): As there appears to be sufficient evidence to support the charge as restricted by the particulars, no substantial wrong was done to the accused by the admission of the evidence referred to in this question, even if the evidence was improperly admitted, and s. 1019 of the Criminal Code applies. In any event, I should be inclined to the opinion that the evidence might properly be adduced on the authority of, and for the purpose mentioned in, Makin v. Atty-Gen’l for New South Wales, [1894] A.C, 57, at p. 65. The question (b) is therefore answered in the affirmative.