Rex V. Latubosun (1937)

LawGlobal Hub Judgment Report – West African Court of Appeal

Charge of murder—Can accused be convicted of being an accessory after the fact to such murder ?

The accused was charged with murder. The evidence showed that while not guilty of that offence he was an accessory after the fact to such murder, but no charge of so being an accessory was laid. The trial Judge held he could not convict accused of being an accessory after that fact and discharged him. At the request of the prosecution the trial Judge stated a case thereon for the opinion of the Appeal Court.

Held : The decision of the trial Judge was correct.

The Acting Solicitor-General for the Crown supported the decision of the trial Judge, referring to Cap. 20, section 58 (1), of the Laws of Nigeria, and to the cases of Reg. v. William Fallon, L. & C. 217, 169 Eng., Report 1370, and R. v. Watson, 1916, 2 K.B. 385 at 388. The respondent not present.

The following joint opinion was delivered :-

KINGDON, C. J., NIGERIA, PETRIDES, C. J., GOLD COAST, AND BUTLER LLOYD, J.

The answer to the question reserved for the opinion of this Court is that upon a finding on the facts that the accused, who was charged with murder, was an accessory after the fact to murder, but was found not guilty on the charge of murder, the Court came to a correct decision in point of law that the accused could not be convicted of the offence of accessory after the fact to murder.