CPR3701 ASSIGNMENT 2 SEMESTER 2

CPR3701 ASSIGNMENT 2 SEMESTER 2 ASSIGNMENT 2 SEMESTER 2 2020 QUESTION 1 1) Section 84(1) sets out the requirements with which a charge should comply. It provides as follows: Subject to the provisions of this Act and of any other law relating to any particular offence, a charge shall set forth the relevant offence in such manner and with such particulars as to the time and place at which the offence is alleged to have been committed and the person, if any, against whom and the property, if any, in respect of which the offence is alleged to have been committed, as may be reasonably sufficient to inform the accused of the nature of the charge.1 Particulars that are furnished are: the name of the offence for which the accused is indicted (murder); all the elements of the crime murder (intention, unlawfulness, killing of another human being); the date on which and place where the offence was allegedly committed; and the person against whom the offence was allegedly.2 Section 86 provides as follows: (1) Where a charge is defective for the want of any essential averment therein, or where there appears to be any variance between any averment in a charge and the evidence adduced in proof of such averment, or where it appears that words or particulars that ought to have been inserted in the charge have been omitted there-from, or where any words or particulars that ought to have been omitted from the charge have been inserted therein, or where there is any other error in the charge, the court may, at any time before judgement, if it considers that the making of the relevant amendment will not prejudice the accused in his defence, order that the charge, whether it discloses an offence or not, be amended, so far as it is 1 Section 84(1) of the Criminal Procedure A