Rex V. Peter Ndeyee (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conviction for manslaughter and for committing a reckless and APPSIIIIfran negligent act contra. sec. 343 (e) of Criminal Code—Same by High trial and same facts—Sentences to run consecutively.

Held: Charges should have been treated as alternative and sentence quashed on second count.

There is no need to set out the facts.

C. W. Reece for Crown.

Appellant not present.

The following joint judgment was delivered :—

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

In this case the appellant was convicted of manslaughter by Jeffreys, Acting Assistant Judge, in the High Court at Buea, and sentenced to two years I.H.L. At the same trial he was also convicted on the same facts of committing a reckless and negligent act contra. section 343 (e) Criminal Code and sentenced to one year I.H.L. the two sentences to run consecutively. It is clear that the charges should have been treated as alternative and that the appellant should have been found guilty and sentenced upon one only. Upon his appeal against sentence, therefore, we quash the sentence passed upon the second count and pass no sentence in substitution therefor. The sentence upon the first count stands good.