Rex V. Bang Weyeku (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Evidence—Admissibility—Murder—Statement of toPaPefl .frcel .deceased in absence oy accused—Dying declaration—Res by victm gesta.High Court.Criminal Law—Verdict—Verdict based primarily on inadmissible eroidence:—Without such evidence same verdict not inevitable.

Facts

On a charge of murder the principal evidence against the accused was that deceased shortly after he had been stabbed said ” Bang has shot me “. Accused was not present. There was no evidence that deceased believed himself in danger of death. There was other evidence to connect the accused with the crime, but it was by no means conclusive..

The trial Judge admitted the evidence of deceased’s statement and it was primarily on that evidence that accused was convicted.

Held

the evidence of the deceased’s statement was inadmissible, whether as a dying declaration or as part of the res gesta; and it was impossible to say that without this evidence the trial Judge must inevitably have come to the same. conclusion. as he did, the appeal was allowed.

The appellant is discharged.