Rex V. P. H. Bravo Jones (1939)
LawGlobal Hub Judgment Report – West African Court of Appeal
Forcible entry to lands and tenements–Offence contrary to 5 Ric. II c. 7 . Fine imposed under Statute 21 Jac. I C. 15—Power of Court to amend Statement of Offence—Pleading to amended Statement of Offence—Section 116 (2) of the Criminal Procedure Ordinance.
The accused was charged with Forcible Entry contrary to 5 Ric. II c. 7. After the defence had closed, the Court amended the Information by substituting 21 Jac. 1 c. 15 for 5 Ric. II c. 7. The Jury found the appellant guilty and he was fined £3 or one month’s imprisonment in default.
That an amendment going to the root of the case could not be made after the defence had closed without injustice to the appellant.
Semble : That the Information could not have been amended as it was at any stage of the trial since an offence contrary to the Statute 21 Jac. 1 c. 15 is definitely a different offence from that created by the Statute 5 Ric. II c. 7.
Appeal allowed ; conviction and sentence quashed and a judgment and verdict of acquittal entered.