June 22, 1989, the following Judgment of the Court was delivered.
An accused person commits the offence of preparation to commit a felony contrary to section 308 (1) of the Penal Code if he is found “armed with any dangerous or offensive weapon in circumstance that indicate that he was so armed with intent to commit any felony. “Thus, an accused person must be found:
1. Armed with any dangerous or offensive weapon; and
2. In circumstances that indicate that he was so armed with intent to commit a felony.
These ingredients must be specified in the particulars of the offence under section 308(1). An omission of any one of these ingredients will render the charge for such offence defective to the extent that it discloses no offence. If such charge is not sufficiently amended, on appeal, a conviction thereon will be quashed – see the case of Matu s/o Gichumu v. Rex, (1951) 18 EACA 311 at page 316.
The particulars of the offence under section 308(1) of the Penal Code for which the Appellant, Jo…