Rex V. Modus Wray (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conviction for Manslaughter—Severity of Sentence of fifteen years imprisonment on simple instance of violence.

Held : Too severe, sentence quashed and lesser sentence substituted.

There is no need to set out the facts.

E. S. Beoku Betts for Crown.

S. Bankole Jones for Appellant.

The following joint judgment was delivered :—

KINGDON, C.J., NIGERIA, PETRIDES, C.J., COLD COAST. GRAHAM PAUL, C.J., SIERRA LEONE.

In this case the appellant was charged with inurdar and convicted of manslaughter and sentenced to fifteen years imprisonment with hard labour. He is not a member of the professional criminal class and so far as appears his act was a simple instance of violence. Having regard to this we think that the sentence was far too severe. At the same time a sentence of considerable severity is necessary as a deterrent. The sentence passed at the trial is quashed and in substitution therefor the appellant is sentenced to five years imprisonment with hard labour to date from the date of his conviction, the period during which he has been treated as an unconvicted prisoner pending appeal to count towards his sentence.