11/03/1998

OF CRIMINAL APPEAL (INFERIOR)

DE GAETANO VINCENT

THE POLICE vs KENNETH MCLEOD

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CORRECTION IN SUMMONS - PRESCRIPTION

In this case the accused's surname was originally stated in the summons as being "McCloud". When the prosecution requested thatthe surname be corrected to read "McLeod", the court acceded to the request and, moreover, the defence gave itself as notified of the said correction. The Court then declared the proceedings as time-barred. the Attorney general appealed on two grounds: The person charged voluntary and regularly appeared before that Court therby answering to the summons in the name of"McCloud"; and There was no need for the charge sheet as amended to be served again upon the accused as was implied in the judgement of the First Court. The Court of Criminal Appeal allowed the Attorney General's appeal on both counts. The Court argued that it was clear that respondent knew from the very start that he was being summoned to appear before the Magistrates' Court, and not someoneelse, he also knew exactly the charges which were being preferred against him. This is the whole purpose of section 360 (2) of the Criminal Code. Since no substantial change was made to the chargesby the said correction there was no need for the charges to be served afresh upon the accused.