Chiwo Adi V. The Queen (1955)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Murder—provocation—Sections 316 (2) and 288 of the Criminal Code—Weight of evidence

Facts

This was an application for leave to appeal against a conviction for murder. Counsel
for the appellant made submissions on—

1. the defence of provocation ;
2. that there was no evidence of an intent in the appellant to kill the deceased ;
3. the appellant acted in self-defence of his brother ;
4. the Judgment was contrary to the weight of evidence.

Held

(1) That the defence of provocation or the defence of aiding in self-defence were not made out in the evidence.

(2) That the evidence established at least an intention to do grievous bodily harm within the definition of murder as defined by section 316 (2) of the Criminal Code.

(3) That the ground of appeal that a decision was contrary to the weight of evidence is not a proper one in a criminal case. . .The proper ground should be that the verdict is unwarranted, unreasonable and cannot be supported having regard to the evidence.

Application refused.

Application for leave to appeal—W.A.C.A. 81/1955.
J. A. Odeku for Appellant.
C. O. Madarikan, Crown Counsel, for Respondent.