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Subject Matter Index

Browse cases by legal subject matter and principles

Contents of a charge

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 pleading to a charge without raising an objection to it

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

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

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 the subject of a charge should not be a matter of speculation and inference

What is a charge?

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 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 all the details of an offence must be set out in a charge for a criminal trial to be valid

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 an accused person must understand the charge against him before he takes his plea

Whether an omission to set out the place and time of the commission of an offence is fatal to the charge

Whether a person can be charged with the offence of keeping money at home or travelling with money within the country

Whether charging an accused person under a wrong law or wrong section will vitiate his conviction

Whether each count in a charge is distinct from the others

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 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 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 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 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 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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