Rex V. Edem Udo Inyang (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Defence of Insanity—Absence of Motive—Histor► and behaviourof accused before the crime—Statements made thereafter—Evidence—Mis-direction. Facts The appellant, on his trial for murder, pleaded insanity. The first statements which he made when charged were less coherent than those which he made…
Rex V. Sunday Ijoma & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Amendment of information by trial Judge of his own motion—Addition of fresh counts—Nigeria Criminal ProcedureOrdinance, sections 162 and 163—Meaning of ” charge ” Joinder of offences. Facts The grounds of appeal are set out in…
Rex V. Okriyi Igiri (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Honticide–Provocation. Facts The appellant’s wife taunted him with incompetence and then spat in his face. The appellant immediately shot her. The trial Judge convicted the appellant of murder. Held On appeal, that the trial Judge should have considered the…
Rex V. Enoch Falayi & Ors (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Evidence of accomplices—Corroboration by conductof accused on statement of co-accused implicating him being read to him. The following judgment was delivered: Verity, C.J. These are appeals by three persons convicted by Pollard, Ag. J., of the murder…
Rex V. Ezeocha (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Manslaughter by negligence—Unlicensed person administeringinjections—Degree of negligence necessary to constitute manslaughter. If a person takes upon himself the responsibility of attending to a patient when he is not qualified for the purpose and uses a dangerous drug, he is bound…
Rex V. Anthony Enahoro (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Inciting to Mutiny—Nigeria Criminal Code, sections 44 (a)and 45 (b) distinguished—Meaning of ” advisedly “—Sentence—Previous conviction for different class of offence—Reduction of sentence. Section 44 (a) of the Criminal Code creates the offence of deliberately attempting to seduce members…
Rex V. Emmanuel Yao Boateng (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Misdirection as to statement to police implicating appellant—Other evidencegiven to same effect—No miscarriage of justice. The following judgment was delivered : Harragin, C.J. There is no substance in any of the grounds of appeal as submitted by the appellant,…
Rex V. Udo Unwa Ekpo & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Procedure—Absence from record of formal finding. Facts In the course of his judgment at the trial of the three appellants for murder, the trial Judge said ” I do not propose to deal in detail with…
Rex V. Udo Aka Eka Ebong (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Confession—Nigeria Evidence Ordinance, sections 26 and 27—Admissibility—Weight of evidence. The facts are sufficiently set out in the judgment. Case referred to: (1) R. v. Baldry, 5 Cox C.C. 523; 21 L.J.M.C. 130; 19 L.T.O.S. 146; 16 J.P.…
Rex V. Thom Dogo & Ors (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Provocation—Nigeria Criminal Code, sections 316(3) and 317. Facts The deceased was tied to a post and thereafter subjected to ill-treatment, including blows with fists and sticks delivered by all four appellants, and to kicks from the fourth…