Rex V. Kwaku Awonu (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Gold Coast Criminal Code, sections 232, 231, 141, 212,14 (1)—Manslaughter by negligence—Law of Gold Coast and Nigeria as to man-slaughter by negligence—Penalty—Reduction of sentence.

Facts

In the circumstances of this case, as set out in the judgment, the trial Judge directed the jury that they could convict the appellant, who was charged with murder, of manslaughter by negligence.

Held

(i) That, in view of the provisions of section 141 of the Gold Coast Criminal Code, this was a correct direction;

(ii) that such cases as Andrews v. D.P.P. (1) and R. v. Bateman (2) did not apply because the Gold Coast law as to criminal negligence is set out in section 14 (1) of the Criminal Code and there is no corresponding provision in the law of England.

Appeal allowed. Sentence reduced.