Section 778 — Criminal Code: Irregularities within section 777

Without restricting the generality of section 777, that section shall be deemed to apply where the statement of the adjudication or of any other matter or thing is in the past tense instead of in the present tense; the punishment imposed is less than the punishment that might by law have been imposed for the offence that appears by the evidence to have been committed; or there has been an omission to negative circumstances, the existence of which would make the act complained of lawful, whether those circumstances are stated by way of exception or otherwise in the provision under which the offence is charged or are stated in another provision.