Rex V. James Ernest Bandoh (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law and Procedure—Criminal Code, s. 359—Perjury–CriminalProcedure Ordinance, ss. 202, 231—Particulars of offence—West African Court of Appeal Ordinance, s. 10 (1), Proviso.

Facts

Defendant was convicted of perjury on a count which did not aver that he knew the statement he was alleged to have made was false or did not believe it to be true. On appeal :

Held

(1) that an information for perjury should contain an averment that the defendant knowingly falsely swore or did not believe to be true what he is alleged to have stated, otherwise the information is defective ;

2. that such a defect may be cured by amendment, but that if left uncured it vitiates the information ;
3. that it would not be proper to let the conviction stand where the defendant has not been given reasonable information as to the nature of the charge against him.

The Appellant is discharged.