Igyegh Atanyi V. The Queen (1955)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Murder—common design to commit robbery with violence.

Facts

The appellant, with another person, went out at night to steal. The appellant admitted that his companion was armed with a knife. They were disturbed in carrying out their common purpose to steal by the deceased, who was stabbed to death by one of the thieves.

The trial Judge found on the evidence that it was the appellant who stabbed the deceased and the Court upheld his finding on the facts.

Obiter: The Court observed that in the case of common design to commit robbery with violence, if one of the thieves causes death whilst another is present aiding and abetting the felony, both are guilty of murder, although the other thief had not specifically consented to such a degree of violence as was in fact used.

Held

On any view of this case, therefore, the appellant’s conviction for murder was fully justified on the evidence. Although, as already stated, we see no reason to differ from the view of the case which was taken by the learned trial Judge.

This appeal was accordingly dismissed.

Appeal dismissed.