Kwasi Anani V. The King (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Duties of defending Counsel—Charges against Police and witnesses unsupportedby evidence—Improper for Counsel to withhold adverse authority from theCourt.

Facts

The appellant was convicted of murder. The grounds of appeal filed by Counsel for the appellant alleged improper conduct by the police officer investigating the crime for the purpose of inducing the appellant to incriminate himself. The appellant himself in his evidence had made no allegations against the police officer.

On the issue of provocation, Counsel for the appellant argued in the trial Court that section 234 (3) of the Criminal Code was merely an illustration of one of the kinds of provocation that would suffice to reduce the crime to manslaughter. Appellant’s Counsel had made this submission before and this Court decided against it. It was clear from his summing-up that the trial Judge had not been made aware of the previous decision, and per incuriam gave the direction that a sudden confession of adultery by a spouse would be sufficient provocation to reduce to manslaughter.

Held

It was improper for Counsel to attack the character of a police officer, or any other witness, if he does not intend to call evidence in support of the charge.

Where a Counsel intends to argue a point of law which he knows is adverse to him, he must not withhold from the Court that there is an adverse decision on the same point.

Application for leave to appeal refused.