Charges Flashcards
What does the case of Willy John v State say?
It relates to statutory forms, specifically housebreaking and stealing.
Form 16 Schedule 3 CPL
What does the case of AG Western Region v CFAO say?
An ambiguous charge does not vitiate the trial unless the defect is so fundamental as to mislead the accused as to the nature of the charge
Why are charges drafted?
To provide an accused person with sufficient information of the offence for which he is being tried, as required under Section 36 CFRN
What are the rules of drafting charges?
- Rule against ambiguity
- Rule against duplicity
- Misjoinder of offences
- Misjoinder of offenders
What is the rule against ambiguity and what are the exceptions?
General Rule: all particulars relating to the offence must be stated clearly and accurately (ADPOPS)
Exceptions: Nil
What happens if a charge is ambiguous?
If a charge is ambiguous it MAY be grounds for appealing convicting ONLY IF it prevents the accused from understanding the offence for which he was being tried thus preventing him from preparing an adequate defence.
What are the particulars to be stated in a charge to prevent ambiguity?
Name of Accused Date (and time) of the offence Particulars of the offences Offence committed Place of commission of the offence Section that punishes the offence Signature and date
What is the rule against duplicity and what are the exceptions?
General rule: no single count/charge shall contain more than one offence
Exceptions:
- Statutory forms
- General deficiency of MONEY (R v Aniemeka)
- Offence defined in the alternative
- Similar offence, single transaction (Police v Oyenusi)
- Treason ad treasonable felonies
What is the procedure to follow after a charge has been amended?
- The charge must be read and explained to the accused
- The plea of the accused must be taken again
- The court must ask the accused whether he is ready to be tried on the amended charge
- The order for amendment shall be endorsed on the charge with the date of the amendment
- The parties have a right to recall witnesses
When can a charge be amended?
At any time before judgment OR where it is found to be defective
What is the effect of a defective charge?
The general rule is that it will not lead to the setting aside of a trial unless the defect is so fundamental that the accused was misled and so unable to properly conduct his defence.
Where the defect is fundamental, the trial is vitiated. AG Western Region v CFAO
What is the rule against misjoinder of offences and what are the exceptions?
General rule: requires that every distinct offence for which the accused is charged in a single count shall be contained in a separate charge sheet
Exception:
- 3 offences within 12 months
- Different offences, same transaction
- Same elements defined nuder different laws
- Offence comprises of acts which are by themselves a different offence
- Offences of the same or similar character
- Offences committed in any of several occasions
What is the rule against misjoinder of offenders and what are the exceptions?
General rule: requires that only one accused person is to be charged on a single charge sheet
R v Bally Singh; Section 153 ACJL
Exception:
1. persons jointly accused of committing the same offence
2. persons accused of committing different offences in the course of the same transaction
3. persons accused of committing the same offence in the course of the same transaction
4. persons accused of committing an offence and persons accused of aiding abetting etc.
5. persons accused of committing related offences
6. persons accused of offences committed during a fight etc.
Do you need leave of court to file a charge?
Under the CPCL, leave of a High court Judge is necessary before filling a charge. (Bature v State)
Where leave of court is not obtained, it render the information incompetent before the court. (AG Federation v Clement Isong, S340 CPL)
There is no such requirement to first obtain leave of court before filing a charge under ACJA
What is the procedure for obtaining consent to file an information?
Letter addressed to the HC Judge or Motion ex-parte supported by a letter addressed to the HC Judge.
Letter shall be accompanied by:
- An affidavit in support of the application
- A copy of the proposed charge
- Written statement of the accused
- Proofs of evidence of witnesses
- List of exhibits to relied upon
