Rex V. Bays Ogumogu (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Criminal Code ss. 509 and 135 (a)–Attempt to escape from lawful custody.

On the question whether the breaking of the handcuff chain by or with the consent of an unconvicted defendant, with intent to escape, is an attempt to escape or mere preparation for such an attempt.

Held, that in law it constitutes an attempt to escape and is not mere preparation for such an attempt.

Case stated by the High Court of Warri.

Hay for Crown.

Defendant not represented.

The opinion of the Court of Appeal was as follows :—

We are of opinion that the breaking of the handcuff chain by the accused or with his knowledge and consent, with intent to escape whenever he had the opportunity constitutes in law an attempt to escape and is not just a preparation for an attempt to escape.