Rex V. Joseph Williams & Anor (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Procedure—Joinder of charges—Consolidation of easesT•ial in High Court. after Preliminary Investigation—Two accused committed together—One committed separately an further charges—All charges joined at. trial—Criminal Procedure Ordinance (Cap. 20) (Nigeria) Parts II and III and section 32—Protectorate Courts Ordinance 1933 ,(No 45 of 1933) (Nigeria) section 18—Protectorate Courts Rules 1934 (No. 5 of 1934) (Nigeria) Order XXXIX.

Facts

Appellant was committed for trial before the High Court with another man on nine charges of stealing against each. and a charge of conspiracy against both. At the trial two charges of conspiracy oq which appellant had been separately committed were added. He was acquitted on the charges of conspiracy and forgery, and on the counts of stealing he was convicted of receiving.

Held

though the trial (lad not been one on indictment, there had been a misjoinder, and the trial was a nullity.

There is no such thing as a consolidation of cases in a criminal trial.

Except possibly in the case of an information, defendants separately committed cannot be tried together.

The other accused has not appealed but he must have the benefit of this decision.