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See Also:
- CRIMINAL LAW AND PROCEDURE – Charge(s) – Appropriate Time to Object to a Formal Defect in a Charge; Consequence of Failure to Do So
"The law is settled that any objection to a charge for a formal defect on the face of it shall be taken immediately after the charge has been read over…
- CLIMINAL LAW AND PRACTICE – Arraignment – Nature of arraignment
“Arraignment takes the form of the charge being read over and explained to the accused in a language that he understands to the satisfaction of the court by the officer…
- CRIMINAL LAW AND PROCEDURE – Charges – Appropriate Time to Object to a Formal Defect in a Charge; Consequence of Failure to Do So
"The law is settled that where a charge is alleged to be defective, an accused person has an unfettered right to object to it. This is because where an accused…
- CRIMINAL LAW AND PROCEDURE - SENTENCING - Whether a Court has discretion or power to alter a mandatory sentence imposed by law:
"Earlier in this judgment, I reproduced the provisions of Sections 15 (a), 16 and 19 (b) of the Trafficking Act. Any person found guilty under Section 15 (a) of the…
- CRIMINAL LAW AND PRACTICE – RESTITUTION – Meaning and nature of restitution
“Restitution is the act of giving back to a rightful owner, giving of something as an equivalent for what has been lost, damaged, etc. Under the criminal procedure laws, restitution…