A. L. E. Alawusa V. Lydia Ade Odusote (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Charge of Indecent Assault, contra. section 360 of the Criminal Code—On appeal from Magistrate to High Court—Conviction for indecent assault on wife—Verdict of guilty of common assault substituted.

Facts

On appeal the Judge upheld a conviction of the accused in the Magistrate’s Court for indecent assault on his wife after amending an obvious clerical error in the statement of offence under section 172 (1) of Chapter 20: it was proved that the appellant had shaved the pubic hairs of the complainant whom he had married in accordance with native law and custom.

Held

That the assault as between husband and wife could not properly be characterised as indecent and a verdict of assault contra. •section 361 of the Criminal Code was substituted.