Hycienth Egbe V. The King (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Standard of Proof required in a criminal trial—Where evidence shows
inconsistencies and conflictions the Judge should express clearly and in detail
conclusions reached—Mere statement that Judge had no reasonable doubt
insufficient.

Facts

The appellant was convicted of murder. The evidence revealed contradictions and inconsistencies and there was only one eye-witness of the crime. Although the Judge observed that he had no reasonable doubt whatever as to the guilt of the appellant, he had also remarked that all the criminal law of evidence is only the evidence of probabilities.

Held

The record of the Supreme Court left this Court in a state of uncertainty as to a matter of outstanding importance, rtamely the considerations which affected the mind of the Judge when he came to weigh the effect of the evidence. The conviction was quashed.

Appeal allowed.