Knowledge Sharing: CHARGES.
Introduction:
The word ‘charge’ is not defined in the Criminal Procedure Code (CPC).
A simple understanding would be that a specific accusation made against a person of an offence alleged to have been committed by him.
When a person is said to be charged with an offence, he is in fact called to appear before a magistrate or judge and informed of the charge or complain against him. How? The Deputy Public Prosecutor (DPP )would request the court to read out the charge, the charge would be read out in a language which the accused understood.
Purpose of a charge:
a) Give a notice to the accused on what they are charged and it allows the accused to prepare his case. (Prepare for his defence)
The DPP must give a clear charge.(Sufficient clearness + clarity must be given to the accused to know what offence hasbeen alleged against him)
b) Information to the court, so when the trial was going on, the court would know what evidence to seek out for and required.
c) Indicate the punishment to be imposed.
d) Indicate the jurisdiction of the court.
Case studies:
1) Mahomed Humayoon Shah v Regina
Judgement : A charge has to be specific and detailed. (No vague charge is allowed) If vague charge= improper charge. If you have a defective charge, you need to revisit it.
2) PP v Lee Pak
Judgement: Charge is a notice to the accused that must be conveyed with sufficient clearness and certainty in which the prosecution intends to prove against him and he will have to clear himself.
3) Jagar Singh v PP
Accused must know exactly the charge he has to answer and what is the offence for which he has been convicted.
4) PP v Chung Tshun Tin & Ors Accused must be informed with certainty and accuracy or else he may be severely prejudiced to his defence.
Form of Charges: (with clarity + certainty)
1) A charge: state the offence with which A is charged; the law and the punishable section of the law; the time and date of the offence; the place and the particulars of the thing; and the manner in which the alleged offence was committed if particulars are insufficient.
2)Charge must contain the offence If is known as CBT/ some offences which is clear. Examples; rape/murder/robbery/ cheating. Such specific name of the offence may be described.
(3) If no specific name, then DPP need to bring in the definition of the offence.
(4) Must mention the section of the offence which the accused was charged.
#awareness #knowledge #education #FollowTheMoney #AMLA #dakwahku #Chargesheet #charges
