Rex V. Peter Aniogo (1943) LJR-WACA
Rex V. Peter Aniogo (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder or manslaughter–Innocent fugitive killed under belief that he was an escaping felon. During the night the appellant was awakened by the hue and cry of the villagers pursuing a suspected thief. Coming from his house, armed with a […]
Rex V. Otio Enwa (1943) LJR-WACA
Rex V. Otio Enwa (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Autrefois convict—Conviction in Native Court for by Courtadultery—,Subsequent conviction on same facts for rape—Criminal Code (Nigeria), Section 16. Accused was convicted and sentenced on a charge of rape. During the trial it was discovered that he ‘had already been […]
Rex V. Okpata Oyama (1943) LJR-WACA
Rex V. Okpata Oyama (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Mattslaughter—Extrem. provocation–Reduction Appeal from of sentence. The facts are sufficiently set out in the judgment. S. A. McKinstry for Crown. Appellant net present. The following joint judgment was delivered :— KINGDON, C.J., NIGERIA, BUTLER LLOYD AND FRANCIS, JJ . […]
Rex V. Okereke Anyaleme & Ors (1943) LJR-WACA
Rex V. Okereke Anyaleme & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Official corruption, contrary to section 98 (1) of Criminal Code—” Duty touching the administration of justice.”—Power of Court to convict of offence contra. section 116 (1) considered. Held : The duty of prosecuting for an offence of […]
Rex V. Kwaku Amoyaw (1943) LJR-WACA
Rex V. Kwaku Amoyaw (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Best evidence—Oral evidence of written confession—NoDivisionalobjection to reception—Confession not denied in evidence byCourt.Appeal—Appeal Court’s discretion to entertain as ground of appeal an objection to evidence not taken at trial—No injustice to appellant—West African Court of Appeal Ordinance (No. 11 of […]
Rex V. Joshua Charles Bull (1943) LJR-WACA
Rex V. Joshua Charles Bull (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Manslaughter—Negligence—Motor Vehicle. Facts Accused was driving a motor-vehicle along a straight dry road, sixteen feet wide, bordered on the left by it grass verge four or five feet wide, then a drain about three feet wide, and then […]
Rex V. Jonathan Duru (1943) LJR-WACA
Rex V. Jonathan Duru (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law Summary trial—Alteration of charge during course of trial—Section 84 of Criminal Procedure Ordinance. Facts The appellant was tried summarily for an offence contrary to section 473 (1) of the Criminal Code. After four witnesses for the pro.ecution had […]
Rex V. Joseph Williams & Anor (1943) LJR-WACA
Rex V. Joseph Williams & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Joinder of charges—Consolidation of easesT•ial in High Court. after Preliminary Investigation—Two accused committed together—One committed separately an further charges—All charges joined at. trial—Criminal Procedure Ordinance (Cap. 20) (Nigeria) Parts II and III and section 32—Protectorate Courts Ordinance […]
Rex V. Isa Braimah & Anor (1943) LJR-WACA
Rex V. Isa Braimah & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Receiving contrary section 427 of the Criminal Code (Nigeria)—guilty knowledge—Recent possession. Facts On 3rd May first accused was released from Kaduna Prison, where he has spent seven months, and went to second accused’s house to stay. &woad […]
Rex V. Obenu Jhunu & Anor (1943) LJR-WACA
Rex V. Obenu Jhunu & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Burglary and Stealing—inadequacy of sentences. Appellants were members of an unarmed gang of eight men who burgled a house by force. They were sentenced to 3 years’ I.H.L. each. Held: Sentence inadequate. Sentences increased to 5 years’ […]