COP V. Daniel Nunoo Kwash (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeals in Criminal cases—Magistrates’ cases—Prosecutor’s right to appeal from Supreme Court—Criminal Procedure Code, section 324.
Criminal Law and Procedure—Conviction on evidence of single witness—Sentence—Criminal record not proved or admitted.

Facts

The evidence before the Magistrate was that of a single witness; the Magistrate believed him and convicted the defendant, on whom he passed a sentence relying on the criminal record produced without its being proved or admitted. The defendant appealed to the Supreme Court.

The Judge commented on the sentence being illegal, and on the fact that a material witness had not been called—why it was not explained—-and said that though corroboration was not necessary as matter of law, a Court was generally reluctant to convict on the evidence of a single witness; and the Judge allowed the appeal. The Commissioner of Police, in whose name the prosecution had been brought, appealed by virtue of section 324 of the Criminal Procedure Code (text in the judgment infra).

In the Court of Appeal counsel for the appellant assured the Court that the officer prosecuting before the Magistrate explained why the other material witness was not called. (There was no record of the explanation.)

Held

(1) There was evidence before the Magistrate on which he could properly convict: he believed the witness and there was no suggestion that the witness was an accomplice; therefore it was a mistake to reverse the Magistrate’s decision to convict.

(2) The sentence was illegal: it relied on a criminal record which was neither proved nor admitted.

Per curiam: Section 324 of the Criminal Procedure Code enables the prosecutor, if aggrieved by a decision of the Supreme Court in its appellate jurisdiction, to appeal on a question of law or to apply for leave to appeal on questions of fact.

Appeal allowed: conviction restored but sentence reduced.