Drafting Other Offences

Introduction:

This note highlights how to draft various offences in a charge sheet. The offences to be drafted are causing harm, assault, indecent assault, stealing, defrauding by false pretence, falsification of accounts, dishonestly receiving property, robbery, falsification of judicial document, and falsification of other documents.

1. Causing Harm:

A. Charging Section:

Section 69 of the Criminal Offences Act, 1960 (Act 29).

B. Definition Section:

In the same Section 69, it is provided that:

A person who intentionally and unlawfully causes harm to any other person commits a second degree felony.

C. Sample Statement of Offence and Particulars of Offence

2. Assault:

A. Charging Section:

Section 84 of the Criminal Offences Act, 1960 (Act 29).

B. Definition Section:

Per Section 85, assault includes:

i. Assault and battery. Here, the elements are:

1. With an intention of causing harm, pain, fear, or annoyance to another person or exciting the other person to anger.

2. Forcibly touches the other person.

3. The touch is done without that other person’s consent.

ii. Assault without actual battery. Here, the only element is intentionally putting the person in fear of an instant assault and battery.

iii. Imprisonment. Here, the elements are detaining a person in a particular place or compelling a person to move in a particular direction.

Once any of the above elements are met, note that you are still charging with assault. For instance, the fact that a person detains another does not mean he is liable for Imprisonment. There is no such offence, and the offence will still be assault. However, in your particulars of offence, you mention the detention.

C. Sample Statement of Offence

D. Particulars of Offence for Assault and Battery:

D. Particulars of Offence for Assault Without Actual Battery:

D. Particulars of Offence for Imprisonment:

Note that in the above cases, it is only the particulars of the offence that are slightly different to account for the type of assault that occurred. In the final analysis, however, the person is still being charged with assault.

3. Indecent Assault:

A. Charging Section:

Section 103(1) of the Criminal Offences Act, 1960 (Act 29).

D. Definition Section:

In Section 103(2), it is provided that:

A person commits the criminal offence of indecent assault if, without the consent of the other person that person

(a) forcibly makes a sexual bodily contact with the other person, or

(b) sexually violates the body of the other person,

in a manner not amounting to carnal knowledge or unnatural carnal knowledge.

In drafting the particulars of offence, the following must be included:

i. There was a forcible sexual bodily contact.

ii. Or, there was a sexual violation of the body of another person.

iii. And either i or ii were without consent.

C. Sample Statement of Offence and Particulars of Offence

4. Stealing:

A. Charging Section:

Section 124(1) of the Criminal Offences Act, 1960 (Act 29).

B. Definition Section:

In Section 125, it is provided that:

A person steals who dishonestly appropriates a thing of which that person is not the owner.

Therefore, in drafting the particulars of offence, you must highlight the following:

i. There was dishonest appropriation. You must mention the thing being appropriated such as money, phone, laptop, etc. If money, you often mention amount.

ii. The accused is not the owner of what was dishonestly appropriated . You often show this by mentioning the real owner.

C. Sample Statement of Offence and Particulars of Offence

5. Defrauding by False Pretence:

A. Charging Section:

Section 131(1) of the Criminal Offences Act, 1960 (Act 29).

B. Definition Section:

In Section 132 of Act 29, it is provided that:

A person defrauds by false pretences if, by means of a false pretence, or by personation that person obtains the consent of another person to part with or transfer the ownership of a thing.

Therefore, in drafting the particulars of offence, you must highlight the following:

i. What is the false representation.

ii. The thing that was parted with.

C. Sample Statement of Offence and Particulars of Offence

6. Falsification of Accounts:

A. Charging Section:

There are two charging sections here. These are Section 140(1)(a) and 140(1)(b) of the Criminal Offences Act, 1960 (Act 29) .

B. Definition Section for 140(1)(a):

Summarily, Section140(1)(a) deals with a public officer, clerk, servant, or officer of a partnership, company or corporation doing any of the following:

i. Concealing, altering, injuring, or falsifying a book or an account kept by his employer or entrusted to him.

ii. Omitting to make full and true entries in an account although he is bound to have made the entry.

The above serves as the actus reus. So one of them must feature in your particulars of offence.

The mens rea of the offence of falsification of accounts is:

i. Intent to cause or enable a person to be defrauded.

ii. Intent to commit or facilitate the commission of a criminal offence. Here, it may be personally or by some other person.

C. Sample Statement of Offence and Particulars of Offencefor Section 140(1)(b) :

D. Definition Section for 140(1)(b):

Summarily, Section 140(1)(b) deals with a public officer, clerk, servant, or officer of a partnership, company or corporation publishing an account, a statement, or prospectus, relating to the affairs of a company which he knows to be false.

The act of making the publication of the account serves as the actus reus. So it must feature in your particulars of offence.

The mens rea of the offence of falsification of accounts is:

i. Intent to cause or enable a person to be defrauded.

ii. Intent to commit or facilitate the commission of a criminal offence. Here, it may be personally or by some other person.

Under Section 140(1)(b), there is also an element of knowing the publication to be false.

E. Sample Statement of Offence and Particulars of Offencefor Section 140(1)(b) :

7. Dishonestly Receiving Property:

A. Charging Section:

Section 146 of the Criminal Offences Act, 1960 (Act 29).

D. Definition Section:

In the same Section 146, it is provided that:

A person who dishonestly receives property which that person knows has been obtained or appropriated by a criminal offence punishable under this Chapter, commits a criminal offence and is liable to the same punishment as if that person had committed that criminal offence.

From the above, the following must form part of your particulars of offence:

i. Receive (then specify what has been received)

ii. Knowledge that the item received was obtained or appropriated by a criminal offence. E.g Know that the item was stolen.

C. Sample Statement of Offence and Particulars of Offence

8. Robbery:

A. Charging Section:

Section 149 of the Criminal Offences Act, 1960 (Act 29).

D. Definition Section:

In Section 150, it is provided that:

A person who steals a thing commits robbery

(a) if in, and for the purpose of stealing the thing, that person uses force or causes harm to any other person, or

(b) if that person uses a threat or criminal assault or harm to any other person, with intent to prevent or overcome the resistance of the other person to the stealing of the thing.

C. Sample Statement of Offence and Particulars of Offence

9. Forgery of Judicial or Official Document

A. Charging Section:

Section 158 of the Criminal Offences Act, 1960 (Act 29).

D. Definition Section:

In the same Section 158, it is provided that:

A person who, with intent to deceive any other person, forges a judicial or an official document, commits a second degree felony.

Section 164 then provides that a person forges a document (either judicial or other documents) if he makes or alters the document with the intent to cause it be believed that the document or the part made or altered:

a. Was made or altered by a person who did not make it.

b. Was made or altered with the authority or consent of a person who did not give such authority or consent.

c. Was made or altered at a different time than when it was made or altered.

Alteration is further defined to include: any cancelling, erasure, severance, interlineations, or transposition.

C. Sample Statement of Offence and Particulars of Offence

10. Forgery of Other Documents:

A. Charging Section:

Section 159 of the Criminal Offences Act, 1960 (Act 29).

D. Definition Section:

In the Section 159, it is provided that:

A person commits a misdemeanour who forges a document,

(a) with intent to defraud or injure another person, or

(b) with intent to evade the requirements of the law, or

(c) with intent to commit, or to facilitate the commission of, a criminal offence.

Note that the definition of forgery as alteration of or making a document under Section 164 still applies. Alteration is further defined to include: any cancelling, erasure, severance, interlineations, or transposition.

C. Sample Statement of Offence and Particulars of Offence