Lansana and Eleven Others v Reginam

Facts

After the 1967 general election, the army commander and others seized State House and the radio stations, detained the Governor-General and the newly appointed Prime Minister and declared martial law. They were later charged under the Treason and State Offences Act 1963.

Issue

Were the counts bad for duplicity, and was the Attorney-General's consent valid?

Held

Both issues were decided for the appellants. 'Prepares' and 'endeavours' are separate offences, and the consent was defective. The convictions were quashed.

Principle

Consent is a condition precedent to prosecution; separate statutory offences must not be joined in one count.

Why it matters

The landmark Sierra Leone treason case.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.