Rex V. Jonathan Duru (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law Summary trial—Alteration of charge during course of trial—Section 84 of Criminal Procedure Ordinance.

Facts

The appellant was tried summarily for an offence contrary to section 473 (1) of the Criminal Code. After four witnesses for the pro.ecution had been heard it became apparent to the Court that the charge was misconceived. The trial Judge, purporting to act under the provisions of section 84 of the Criminal Procedure Ordinance, then substituted for the original charge one contrary to section 375 of the Criminal Code, and, after taking another plea and recalling the witnesses for cross-examination, continued the trial and convicted the appellant of the substituted offence.

Held

The powers conferred by section 84 of the Criminal Procedure Ordinance permit only the variation of the particulars of a charge but not the substitution of a new and different one.

Appeal allowed, conviction and sentence quashed.