Alternative Verdicts

Alternative verdicts refer to the available verdict options that a judge or  a magistrate may consider and deliver when deciding the outcome of a criminal case. An alternative verdict allows the court to choose from various possible verdicts based on the evidence and arguments presented during the trial. This approach can be employed when the evidence presented fails to prove the charged offence but proves other minor offences.

The general rule is, subject to statutory exceptions, a person cannot be convicted of an offence with which he has not been charged. (Bakari Ihonde s/o Mhaya v R (1921-1952) 1 TLR at p354).

• The statutory exceptions to this are that an accused person may be convicted of the following offences when not charged with them: 

A minor offence to the charged offence where the facts to prove this offence have been proved (CPA s300). This can be done when the main offence charged constitutes several particulars and a combination of some of these constitute a complete minor offence. Even though the minor offence has not been charged a conviction can be made for this offence when the particulars of this offence are proved but the remaining particulars of the charged offence are not;

• Attempt to commit the charged offence (CPA s301).

In addition, an accused person can be convicted of specific alternative offences even when not charged with. The court must have determined that he is not guilty of the offence charged but the alternative offence is made out. Such alternative offences are as follows:

• Infanticide as an alternative to murder; child destruction as an alternative to either murder, manslaughter or procuring an abortion/miscarriage; procuring an abortion/miscarriage as an alternative to child destruction; concealment of birth as an alternative to murder, infanticide or child destruction (CPA s302).

• Reckless, dangerous or careless driving as an alternative to manslaughter (CPA s303).

• Sexual assault, procures rape, incest as alternatives to rape or attempted rape; defilement of an imbecile as an alternative to incest. (CPA s304)

• Burglary, entering a dwelling to commit an offence, breaking and entering into a building; or to commit an offence of being armed, etc., with intent to commit an offence, as alternative to each other. (CPA s305).

• Obtaining goods by false pretences, cheating, receiving stolen property, conveying or possessing stolen property as an alternative to stealing; stealing as an alternative to cheating; cheating and obtaining goods by false pretenses as alternatives to each other; under the different provisions of receiving or retaining stolen property. (CPA s306)

• Receiving or retaining stolen property as an alternative to possession of property suspected of having been corruptly acquired (CPA s307).