Criminal Procedure Paper 103, Part A (Bar Final Special Examinations)

Question 1(a)

On the 11th day of June 2026, Justice U K Ameriken of the High Court of Sierra Leone holden at Freetown, ordered in writing, the preferment of an Indictment against the persons named in the proposed Indictment and for their apprehensions. On 12th day of June 2026, the Learned Judge further ordered amongst other things: that the defendants be served with copies of the Indictment, the written statements and the list of the physical evidence, no later than the 15th day of June 2026, fourteen (14) days before the date fixed for trial. On the 17th day of June 2026, the Director of Public Prosecutions instructed you to draft and file the charging document by close of business.

The written statements exhibited to the application disclose, inter alia: that at about 00:49 hours on Sunday, the 1st day of February 2026, fire engulfed No 5 Disaster Lane, North Brook, Freetown in the Western Area of Sierra Leone. The neighbours, including Mawubeh Fenubeh and Ghoorrkoh Labaadhor, residents of 4 and 6 Disaster Lane, North Brook Freetown aforesaid, respectively, were out helping the fire-fighters control the inferno. A huge crowd of on lookers including Paikun Bornukun, Jeewoh Aahleedhor and Mawudoh Foltorfalta gathered at the scene. At about 01:10 hours on the 1st day of February instant, the said Paikun Bornukun, noticed the gate to No.4 Disaster Lane, aforesaid ajar. He entered the house through the widely open gate and therein the said Paikun Bornukun took a Dell computer of the value of Le17,000.00 (Seventeen Thousand Leones). An alarm was raised by Mrs Olabisi Fenubeh, who had just walked in through the back door. The said Paikun Bornukun took to his heels with the computer clutched to his chest; but was stopped by the security, Moorediboh Goorrdudoh. Whilst everyone was concentrated at the commotion, Jeewoh Aahleedhor lifted a Samsung S26 Edge charging on a stool by the security post of house No 4 Disaster Lane, North Brook aforesaid. The phone belongs to the said Moorediboh Goorrdudhor and is of the value of Twenty Thousand Leones (Le20,000.00). Mawudoh Foltorfalta, another on looker, did enter the house numbered 6 Disaster Lane, North Brook Freetown aforesaid; by cutting the bars on the window to the kitchen. Therein, he took an iPhone 15 pro Max of the value of Ten Thousand Leones (Le10,000.00), and hid it in his pocket. While leaving the house, the said Mawudoh Foltorfalta was arrested by Mr Always Alert. Sgt Does It of the North Brook Police Station obtained statements from the said Paikun Bornukun, Jeewoh Aahleedhor, Mawudoh Foltorfalta, Mawubeh Fenubeh, Ghoorrkoh Labaadoh, Mrs Olabisi Fenubeh, Moorediboh Goorrdudoh and Mr Always Alert.

Draft the charging document.

Question 1(b)

List five (5) categories of offences not triable summarily.

Question 2(a)

Tranga Kombolo and Born Trouble are suspected to have torched 104 Old Sembehun Street, Kono District in the Eastern Province of the Republic of Sierra Leone. Born Trouble disappeared after the incident. And by the time the said Born Trouble was arrested on the 30th May 2026, Mamadu Gbense had testified against the said Tranga Kombolo, who had pleaded not guilty to a count of Accessory Before the Facts to Arson, contrary to section 2 of the Malicious Damage Act 1861, in the High Court of Sierra Leone holden at Kono District aforesaid. On the 17th day of June 2026, Born Trouble was arraigned before Justice Shuster of the High Court of Sierra Leone holden at Kono District aforesaid, on a count of Arson, contrary to section 2 of the Malicious Damage Act 1861. The said Justice Shuster being of the opinion that the said Tranga Kombolo and Born Trouble charged in separate Indictments may not be prejudiced or embarrassed by reason of being charged and tried together, ordered that the said Tranga Kombolo and Born Trouble be charged and tried together on the same Indictment. What further orders shall be made by the said Justice Shuster to give effect to the joint trial of the said Tranga Kombolo and Born Trouble?

Question 2(b)

Under what circumstances may a Court defer passing sentence on a convicted person?

Question 3(a)

On the 17th day of June, 2026, Mamadu Tankoro appeared before Committing Magistrate Gbanie Jacobs of the Magistrate Court Ross Road Freetown, Freetown Judicial District in the Western Area of Sierra Leone, on a count Information of Manslaughter with a maximum penalty of Life Imprisonment. You are the Magistrate, what will you do on that day?

Question 3(b)

What shall a Court explain to a convict before making a Community Punishment Order?