Rex V. P. H. Bravo Jones (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Forcible entry to lands and tenements–Offence contrary to 5 Ric. II c. 7 . Fine imposed under Statute 21 Jac. I C. 15—Power of Court to amend Statement of Offence—Pleading to amended Statement of Offence—Section 116 (2) of the Criminal Procedure Ordinance.

Facts

The accused was charged with Forcible Entry contrary to 5 Ric. II c. 7. After the defence had closed, the Court amended the Information by substituting 21 Jac. 1 c. 15 for 5 Ric. II c. 7. The Jury found the appellant guilty and he was fined £3 or one month’s imprisonment in default.

Held

That an amendment going to the root of the case could not be made after the defence had closed without injustice to the appellant.

Semble : That the Information could not have been amended as it was at any stage of the trial since an offence contrary to the Statute 21 Jac. 1 c. 15 is definitely a different offence from that created by the Statute 5 Ric. II c. 7.

Appeal allowed ; conviction and sentence quashed and a judgment and verdict of acquittal entered.