Chapter 18

Question 1

Discuss the requirement of the court to give reasons

Answer 1

In NATIONAL DIRECTOR OF PUBLIC PROSECUTION v NAIROO AND OTHERS:

Judicial officers express the basis of their decisions through reasonable judgements. Statement of reasons gives assurance to parties and other interested members of society that the court gave due consideration to the matter, thereby ensuring public confidence in the administration of justice.

S146- Judge required to give reasons for any conclusion reached by him in respect of any question of law or fact.

Question 2

Discuss the meaning and nature of the concept competent verdicts

Answer 2

Study pages 302-303

Question 3

Examples of competent verdicts on specific charges

Answer 3

S257- Accessory after the fact
S258- Murder and attempted murder
  :offense of culpable homicide
  :offense of assault with intent to do grievous 
   bodily harm
  :offense of robbery
  :offense of common assault
  :offense of public violence
S260- Robbery
Page 305-306

Question 4

Discuss the courts ability to amend its verdicts

Answer 4

S176- Common law principle that court is FUNCTUS OFFICIO once it has delivered its judgement. This means that court itself may not alter or revoke its verdict.
S176 creates limited exception : when mistake wrong judgement delivered, court may before or immediately after it has been recorded, amend the judgement. Such amendment doesn’t not alter the substance or outcome thereof.

Question 5

Discuss the significance of the verdict to be delivered within a reasonable time

Answer 5

If facts of law are straightforward, court would usually give verdict immediately and this is known as EX TEMPORA judgement. Court can also postpone case for purposes of considering its verdict and usually do so where factual and legal issue so demand.