You are prosecuting Peter, who has been charged on an indict…
You are prosecuting Peter, who has been charged on an indictment containing a single count of burglary from his ex-partner, Constance’s house. The count is worded to allege that he entered her property as a trespasser and stole a television, a laptop, £500 in cash and a mobile phone. During the course of Constance’s evidence, it emerged that Constance had sold the television shortly before the alleged burglary and that the sum of cash stolen was £600, not £500 as alleged in the particulars of the indictment. You then close your case and the trial is adjourned. The next day, before Peter is called to give evidence, you apply to amend the indictment by replacing ‘£500’ with ‘£600’ and deleting the reference to the television. The defence case is that Peter was out of the country when the alleged burglary took place. Which of the following is the most likely course for the Judge to take?