Criminal Trials Flashcards
What sections of ACJA and ACJL Define Arraignment?
S.271 ACJA
S.211 ACJL
How is the charge read to the accused?
In a language he understands
Who reads the charge to the accused?
The Registrar of the court or an officer of the court
What does ACJA require when the charge is read?
Requires that the judge record the fact that he is satisfied that the defendant understands the charge read and explained to him
What does ACJL require when the charge is read?
Requires that the charge be read to the defendant in the presence of his legal practitioner
What is the consequence of failure to comply with any of the procedure for arraignment? Support your answer with a case
Renders the trial a nullity
Sunmabo v State
Can Counsel enter plea on behalf of the accused?
No, counsel can not enter plea on behalf of the accused or change his plea. It will render the trial a nullity
What are the ways in which a defendant may respond after charges are read and explained to him?
- He may remain mute
- Enter a preliminary objection
- Plead guilty
- Plead not guilty
- He may plead autre fois convict or autre fois acquit
What should the court do if the defendant remains mute?
They should investigate the reason for the muteness, this would involve a medical expert
What should the court do if failure to plead is malicious
They should enter a plea of ‘not guilty’ and proceed with trial
Gaji v State
What is the procedure for continuation of trial if it is shown that the accused is of sound mind to take plea?
A certificate from a medical expert must be given to the court to show the accused is competent to take the plea
R v Ogor
What is the effect of a defect in a charge?
Generally a defect in a charge will not be material unless the accused was misled by the defect
Where the defect is material it is on the accused to raise the objection as soon as the charge is read to him and before the plea is taken
He can’t raise the objection later or during trial because once you plead to a charge you submit to the jurisdiction of the court
Obakpolor v State
What does ACJA prohibit in relation to defects once trial starts
Section 221 ACJA prohibits any objections being raised about defects during proceedings or trials
What should the court do if the defendant pleads ‘not guilty’ to the offense charged but ‘guilty’ to another offence
Court will direct the prosecution to include the offence just admitted and fresh plea will be taken
What should the court do if the accused enters a plea or guilty?
- record the plea in as nearly the same words as the accused
- Invite the prosecution to state the facts of the case
- Ask the defendant if his plea of guilty is to the facts stated
- The court may convict and sentence him
What does the court require if the accused pleads guilty to an offense requiring scientific proof?
Court will ask the prosecution for expert witnesses to prove the offence
What is the consequence of not explaining the facts to the accused before convicting? - Case
The conviction may be reversed on appeal
Osuji v IG Police
What should the court do if the accused pleads guilty to commission of a capital offence?
Record a plea of not guilty
What happens if the judge who took the plea is elevated?
S.396(7) ACJA provides that where a judge of the high court is elevated to the Court of Appeal, he may continue to sit in the high court to finish an ongoing trial within reasonable time
What options are open to the court if the prosecution is absent
- They can dismiss the case
2. If a reasonable excuse is provided for the absence, the case may be adjourned
What action should court take if the defendant fails to attend court after being granted bail?
The court shall continue trial and convict him unless they see reason not to. Trial will only continue after two adjournments have been given
What is plea bargaining?
It is an agreement in a criminal trial in which a prosecutor and an accused persona arrange to settle the case against the accused usually in exchange for concessions.
What are the pre-conditions for entering into plea bargain?
- Evidence of the prosecution is insufficient to prove the offence charged beyond reasonable doubt
- Defendant has agreed to return the proceeds of the crime or make restitution to victim or his representative
- In a case of conspiracy, the defendant has cooperated fully by providing relevant information for the successful prosecution of others.
When can the prosecutor enter a plea bargain with the defendant?
During or after the presentation of the evidence of the prosecution but before the presentation of the evidence of the defence
Who does the burden of proof lie on in criminal proceedings ?
s. 132 Evidence Act provides that the burden of proof in proceedings lies on the party who would fail if no evidence at all were given on either side.
- Prosecution, because s.36(5) CFRN states there is a presumption of innocence
What exceptions are there to the burden of proof lying on the prosecution?
i. Plea of intoxication or insanity
ii. Plea of autre fois acquit or fois convict
iii. Facts specifically within the knowledge of the accused
What is the standard of proof in criminal trials?
s.135 Evidence Act provides that the standard of proof at criminal trials is ‘proof beyond reasonable doubt’
What happens if the prosecution proves the commission of a crime beyond reasonable doubt?
The burden shifts to the defendant
S.135 (3) Evidence Act
What is the rule regarding admissibility of evidence?
The general rule is that relevant evidence is admissible at trial - S.1 Evidence Act
However
The court has the discretion to exclude improperly obtained evidence if in the opinion of the court, the desirability of admitting such evidence is outweighed by the undesirability
S.14 Evidence Act
Is ‘Hearsay Evidence’ admissible at trial?
The general rule is that hearsay evidence is not admissible except in certain exceptional circumstances
Section 38 Evidence Act
Is the opinion of any person admissible as evidence at trial?
The general rule is that the opinion of a person shall not be admissible as evidence at trial
Section 67 Evidence Act
However, in certain instances where the court has to form an opinion on a point of foreign law, customary law etc. then the opinion of a person specially skilled in that area will be admissible- expert witness
Section 68 Evidence Act
What is the pre-condition to an expert’s opinion being heard in court?
Must lay proper foundation
Would the wrongful inclusion or exclusion of evidence lead to a setting aside of the judgement reached by the court
This by itself shall not be a grounds for the reversal of the courts judgement
Except where it can be shown that such evidence would have affected the court’s decision
S251 Evidence Act
What is the general rule on corroboration
No particular number of witnesses are required to prove guilt
S200 Evidence Act
What instances would corroboration be required?
- Evidence of accomplices
- Evidence of tainted witness
- Unsworn evidence of a child
- Treason and Treasonable felonies
- Perjury
- Exceeding speed limit
- Sedition
Can the court admit the evidence of an accomplice
Yes, S.198 (1) Evidence Act states that an accomplice is a competent witness against the defendant and the court may convict on his uncorroborated testimony
However, court shall direct itself that this is unsafe?
What is the effect of the failure of the court to warn itself about convicting on the testimony of an accomplice?
The conviction will be set aside and the accused acquitted
Except the appellate court is of the view that no miscarriage of justice has been suffered
Bello v State, Wanchi v State
Can an accused be convicted based on his confessional statement
He can be convicted if the statement is made freely and voluntarily and is direct and positive as to the facts stated.
However, if the accused retracts his confession the court has advised that it is desirable to look for corroboration
Onochie v Republic
Can the confessional statement of a defendant be used against a co-defendant
General rule is that a confessional statement is admissible against the maker only
However, it may be used against the co-defendant who adopts such statement by words or conduct. - S.29(4) Evidence Act
Where the co-accused is acting as a witness for the prosecution and repeats the statement on oath
Mbang v State
Can a confessional statement be used against a defendant if it was obtained through deception or if made while drunk?
As long as evidence is relevant it will not be rendered inadmissible
S.1 Evidence Act , S.31 Evidence Act
Who is a tainted witness?
A person who is either an accomplice or who on the evidence may be regarded a shaving some purpose of his or her own to serve
Moses v State
How should the court treat a tainted witness?
Court should treat such evidence with caution an it should require corroboration
When can a child under the age of 14 testify?
When he possesses sufficient intelligence
Understands the duty of speaking the truth
Section 209(1) Evidence Act
How will the court determine a child’s readiness/ability to testify?
The court will ask him basic questions unrelated to the matter and if he is able to understand those, the court will determine if he understand the implication of an oath
Daggaya v State
Daggaya v State
How the court determines a child’s readiness/ability to testify
What sorts of documentary evidence is there?
Public document
Private Document
Primary evidence (originals) S86 EA
Secondary evidence - copies S87
How are documents proved at trial?
By primary evidence except in certain cases where secondary evidence may be given as proof .
Section 88 Evidence Act`