Rex V. Abdul Hassan Sard (1935)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conviction for Murder quashed and one for Manslaughtersubstituted—Jurisdiction of Circuit Court on trial of a non..native for an offence against a native—Misreception of evidence—Inadmissible evidence showing motive—Conviction to be quashed unless such inadmissible evidence is such, and the circumstances of the case are such, that Court is satisfied Jury must have returned same verdict in the absence of such inadmissible evidence—Power of Court under section 5 (2) of the West African Court of Appeal (Criminal Offences) Ordinance, (Ordinance IO of 1929) to substitute another verdict.

Facts

The appellant was convicted by a jury at Circuit Court on information charging him with the murder of Adiatu, a female. Against this conviction he appealed on the grounds set out in the judgment.

Held

On the grounds that inadmissible evidence of motive was received the conviction was quashed, but under section 5 (2) of the West African Court of Appeal (Criminal Offences) Ordinance (Ordinance 10 of 1929) a conviction for manslaughter was substituted, and the appellant was sentenced to seven years imprisonment with hard labour.