Rex V. Jeremiah Terry (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law. Impetial Statutes (Criminal Law), Adoption Ordinance, 1932—Larceny Act, 1916, s. 2 ; s. 33 (1) ; s. 35—Larceny ; Receiving ; Aiding and abetting larceny—Trial with assessors, under Jurors and Assessors Ordinance., Cap. 106.

Facts

Defendant was charged on two counts (1) Larceny and (2) Receiving–both relating to the same goods. All three assessors were of opinion that he was not guilty of receiving, one that he was not guilty of larceny, and two that he was. The Court found him not guilty of larceny but convicted him of receiving on count (1) and acquitted him of receiving on count (2). On appeal the main point was that in view of the acquittal of receiving on count (2), and the Judge’s verdict that he was not guilty of larceny on count (1), the defendant could not have been convicted of receiving on count (1), the goods being the same.

Held

(1) that in convicting the appellant of receiving on count (1) the Judge must have been satisfied of facts proving him guilty of larceny ;
that the evidence on which the Judge found appellant guilty of receiving was evidence of aiding and abetting the larceny, and that his verdict should have been larceny on count (1) ;
that a verdict of guilty of larceny be substituted for the Judge’s verdict on count (1) and the acquittal of receiving on (2) be left undisturbed.

As to the appeal against sentence, we see no reason to alter the sentence of the Court below, and the sentence of three years’ imprisonment with hard labour accordingly stands upon the substituted verdict of guilty of larceny on the first count.