Chapter 16

Question 1

Explain the joinder of persons implicated in the same offense

Answer 1

S155(1) - Any number of participants in the same offense may be tried together and any number of accessories after the fact may be tried together or any number of participants in the same offense and any number of accessories after that fact may be tried together, and each participant and accessory may be charged at same trial with relative substantive offenses alleged against him.

Question 2

Discuss persons committing separate offense at the same time and place may be tried together

Answer 2

S156- persons charged with separate offenses committed at same time and place, may be charged and tried together in respect of such offense if the prosecutor informs the court that evidence is admissible at the trial of one, in his opinion also be admissible as evidence at trial of other such person.

Question 3

Discuss the separation of trials

Answer 3

S157(2)- When two or more persons charge jointly, whether same or different offense, court may at anytime during trial, upon application of prosecutor or accused, direct that trial of any one or more of accused shall be held separately from the trial of the other accused, and the court may abstain from giving judgement in respect of any of the accused.

Question 4

Discuss the test to be applied for separation of trial

Answer 4

Decision whether there needs to be a separation is in the discretion of the judicial officer and must be exercised in judicial manner, with due regard to considerations and facts, interests of justice and interests of society.

Question 5

Discuss the prosecution of corporations and members of associations

Answer 5

S332(5)- Directors of company may be charged jointly with the company.

Question 6

Explain the numerical identification of co accused

Answer 6

In event of joint trial, accused identified numerically eg, accused one two and three. Prosecutor decides which accused represents which number.