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 1935) section 10 (1). proviso.

Facts

The trial Court admitted oral evidence of a confession which had been made by the .appellant, recorded in writing, and marked by his thumb impression, without the production of the written confession or evidence that its production was impossible. The appellant was represented by Counsel at the trial, but no objection was taken to the admission of the oral evidence, and the appellant in his evidence did not dispute its accuracy.

Held

the written confession was the best evidence and the oral evidence of the confession was inadmissible; but no injustice having been done to the appellant by its wrongful admission, the appeal was dismissed.

The appeal is dismissed.