Haya hayana kificho. Prosecutors wakitaka kukusaidia wanachofanya ni ku-frame charge vibaya..defective charge that can not be cured!
Mwenye kuweza apitie charge sheet aone kama inakidhi vigezo viinginevyo wataachiwa hawa watu waovu
Charge sheet, is the foundation of the trial. Defective charge affect the proceedings.
Defective charge occasion miscarriage of Justice as the trial is rendered unfair.
The charge sheet, must contain sufficient particulars among them being the right section for the appellant to understand the nature of charges he is facing and what defence to raise.
Section 135 of Criminal Procedure Act imposes mandatory requirement that a charge sheet should describe the offence and make reference to 3 the section and law creating the offence.
It is the principle of the Law that charge sheet must fulfill the following requirements: "One the charge drawn and signed by the trial magistrate is an offence known to law, Two it is an offence over which a court has jurisdiction, Three must reflect the offence complained." Defective charge render the trial nullity.
The defect is not curable. Section 388 (1) cannot cure defective charge.
Mwenye kuweza apitie charge sheet aone kama inakidhi vigezo viinginevyo wataachiwa hawa watu waovu
Charge sheet, is the foundation of the trial. Defective charge affect the proceedings.
Defective charge occasion miscarriage of Justice as the trial is rendered unfair.
The charge sheet, must contain sufficient particulars among them being the right section for the appellant to understand the nature of charges he is facing and what defence to raise.
Section 135 of Criminal Procedure Act imposes mandatory requirement that a charge sheet should describe the offence and make reference to 3 the section and law creating the offence.
It is the principle of the Law that charge sheet must fulfill the following requirements: "One the charge drawn and signed by the trial magistrate is an offence known to law, Two it is an offence over which a court has jurisdiction, Three must reflect the offence complained." Defective charge render the trial nullity.
The defect is not curable. Section 388 (1) cannot cure defective charge.