Subject Matter Index
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Distinction between a charge and a count
Effect of an error or defect on the face of a charge
Effect of failure of a Commanding Officer to sign a charge sheet
Effect of failure to set out the charges in detail
Effect of failure to state the contravened order in the statement of offence
Effect of pleading to a charge without raising an objection to it
Essential components of a charge sheet
How the competence of a charge sheet can be challenged in summary trial proceedings
Meaning of the phrase "on or about" when used in a charge
Nature of a charge sheet
Onus on the prosecution where an accused person challenges the charge against him as not being borne out by the evidence in proof
Option open to an accused person not satisfied with the information attached to the charge
Particulars that should be included in a criminal charge
Position of the law on the nature of omission of particulars that would render a charge defective
Position of the law on the substantive and procedural law for charging a person with an offence
Position of the law on the use of the phrase “on or about” in a charge
Position of the law where an accused person is charged and convicted under a wrong section of the law but established facts or evidence show the commission of an offence beyond reasonable doubt
Proper procedure for challenging an information
Purpose of a charge
Right of an accused person to plead to a charge
Scope of the duty of the prosecution to inform an accused promptly of the nature and details of the offence he is alleged to have committed
Test for determining whether charges arose out of the same transaction
The applicable practice in drafting a charge
The essence of a charge
The principle that an accused person can be found guilty only for an offence charged
The principle that it is the charge before the court that determines its jurisdiction
The proper time to raise the question of duplicity of a charge or misjoinder
The purpose of giving the particulars as to the time, place and person against whom the crime was committed
The rule that a charge will be deemed to be properly laid where the particulars of the charge sufficiently inform the accused person of the specific acts and/or omissions he engaged in
The rule that an accused person must be reasonably informed of any charge that is preferred against him
The rule that the subject of a charge should not be a matter of speculation and inference
What a charge sheet should contain
What is a charge?
What proper formulation of criminal charges requires of the prosecution
What the particulars of offence must contain
When a charge will be said to be valid
When a charge will be said to satisfy the requirement of the law with regard to the contents of a charge
When two or more acts will be said to constitute the same transaction
When will an indictment/charge be quashed
Whether a charge brought under the penalty section is valid
Whether a charge can be amended by a court suo motu in its final judgment
Whether a charge containing incorrect particulars of the victim is defective
Whether a charge in respect of treason and treasonable felony filed in the High Court not accompanied by proof of evidence is improper
Whether a charge is incompetent because it was preferred under a wrong law
Whether a charge pursuant to Section 7(1)(b)(i) of the Advance Fee Fraud Act must include the phrase "unlawful activity"
Whether a charge which does not contain the exact words in the charging section is bad
Whether a counsel is mandated by law to show evidence of authorization at the time of signing a charge or at arraignment
Whether a defect in the particulars of offence renders the charge incurably bad or one that is unknown to the law where the statement of offence has been correctly laid
Whether a failure to draft a separate statement of offence for each offence is fatal to trial and conviction
Whether a misdescription of the law under which a charge has been brought is a defect which can be cured by amendment
Whether a misdescription of the law under which a charge has been brought will vitiate a trial
Whether a person can be charged with the offence of keeping money at home or travelling with money within the country
Whether a retrial can be ordered in respect of a charge which is bad for uncertainty
Whether all the details of an offence must be set out in a charge for a criminal trial to be valid
Whether an accused person must understand the charge against him before he takes his plea
Whether an omission of the words “with intent to defraud” in the particulars of offence will render a charge bad
Whether an omission to set out the place and time of the commission of an offence is fatal to the charge
Whether an omission to state the correct section of the enactment under which an accused is charged enough to vitiate a conviction
Whether charging an accused person under a wrong law or wrong section will vitiate his conviction
Whether defective particulars in a charge renders the charge incurably bad
Whether each count in a charge is distinct from the others
Whether each count in a criminal case must be dealt with piecemeal
Whether each count of a charge sheet is a separate crime and needs to be separately treated
Whether error or omission in stating the offence or the particulars of the offence in a charge will be regarded as material
Whether every instance of forgery must be the subject of a separate charge or count
Whether every omission or failure to give or set out all of the requirements of a charge that would render it defective
Whether failure to make a reference to the contravened enactment renders the charge a bad one
Whether failure to state the correct section in a charge can occasion a miscarriage of justice
Whether failure to state the correct written law or section in a charge vitiates the trial and conviction
Whether failure to state the place an offence was committed robs the trial court of the requisite jurisdiction to proceed with the trial of the offence
Whether failure to state which of several paragraphs of a section of a statute creating an offence renders the charge defective
Whether it is in all cases that a conviction will be set aside on grounds of an erroneous charge
Whether specifying the acts and/or omissions constituting the offences charged amounts to making available to the accused person the evidence required to prove those acts and/or omissions
Whether the conviction and sentence of an accused person will be set aside where the charge fails to disclose an offence known to law
Whether the exact words in the statute creating the offence must be used in drafting a charge
Whether the failure to affix the NBA stamp and seal to a charge sheet renders it defective
Whether the failure to include the subsection in a charge is fatal to the charge
Whether the failure to state the time of the day of the commission of the offence is a fundamental defect
Whether the issue of competence of a charge is an issue of jurisdiction
Whether the prosecution is bound to prove each count separately and beyond all reasonable doubt
Whether the section of the law an appellant is convicted is material
Whether the use of the phrase "on or about" is intended to mislead the accused person as regards the date the offence was committed
Whether the words “on the same time and place aforementioned" can be used in the particulars of additional charges
Whether where a person is charged for an offence under a wrong or non-existent law, his trial and conviction will be vitiated by such error or omission where there is an extant law which adequately covers that offence
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