ABSTRACT

In this case it was argued that the criminal charge against Ameerally did not disclose an offence known to the law and that the appellants were entitled to the protection of the courts under the Constitution. However, the Court of Appeal held that the Constitution did not guarantee the appellants a fundamental right not to be charged for an offence unknown to the law. While they may have had a common law right not to be charged for an offense unknown to the law, that common law right had not been enshrined in the Constitution. Justice did not appear on the court’s radar screen.