Rex V. Kweku Kotoro Allias Kofi Dei (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Murder–Alisdirection on question of intoxiikatiOnTrerdict- of guilty of manslaughter substituted under section ’11 (2) of West African Court of Appeal Ordinance (Chapter 5).

Facts

The question of . fact as to whether or not the accused was intoxicated was not put to the jury because in the Judge’s view there irall no evidence of intoxication within the meaning of section 53 of the Orimitud ‘Code.

Held

There was sufficient evidence of intoxication to require that the question should be left to the Jury and failure to direct them correctly upon the point and to leave this question of fact to them amounted to grave misdirection.

As it was impossible to say that the jury would if properly directed, necessarily have returned a verdict of murder but they Most ^—-hare found accused guilty either of murder or’ manaliughter, a verdict of guilty of manslaughter was substituted under, section 11 (2) of the West African Court of Appeal Ordinance (Cap. 5) with sentence of 10 years’ imprisonment with hard labour.