Rex V. Thomas Torto & Ors (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Evidence—Chance medley—Onus of proof. Where A deliberately provokes B in order that he, A, may have an excuse for killing B, should B attack A, A is guilty of murder. The burden of proof is on the…

Rex V. Albert Stephen Tawiah & Ors (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Arson—Criminal Procedure—Trial with assessors—Gold Coast Criminal Procedure Code, sections 276 and 286—Necessity for including the word ” intentionally ” in a charge under the Gold Coast Criminal Code, section 255—Gold Coast Criminal Procedure Code, sections 231,…

Rex V. Richard Pepple & Anor (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Original plea of not guilty withdrawn byaccused’s Counsel and plea of guilty substituted by Counsel—Nigeria CriminalProcedure Ordinance, sections 215 and 218—Necessity for accused to plead to the charge in person—Nullity of proceedings. Sections 215 and…

Rex V. Samuel AJayi Shodipo (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Offence in Abeokuta Magisterial District—Preliminaryenquiry and committal by Magistrate of Lagos Magisterial District—Nigeria Criminal Procedure Ordinance, section 64–Magistrates’ Courts Ordinance,section 26 (1). Where an offence is committed in one Magisterial district, the preliminary enquiry and committal must be…

Rex V. Patrick Osakwe (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Nigeria Criminal Code, section 99. The following judgment was delivered: Ames, Ag. C.J. This is an appeal from a conviction in the Supreme Court of the Ibadan Judicial Division for an offence of extortion by public officers, contrary to…

Rex V. Onitiri (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law–Nigeria Criminal Code, sections 467 and 468—Expert evidence as to forgery by police officer—Evidence Ordinance, sections 56 and 5 (a)—Interpretation of ” writing “—Interpretation Ordinance, section 3—Record of Civil Suit as evidence of uttering—Supreme Court Ordinance, section 62. Cases referred…

Rex V. Sunday Omoni (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Defence of Insanity—Nigeria Criminal Code,section 28—Comparison with English law and distinctions between Nigerianand English law—What must be proved by the defence to establish a defence ofinsanity under Nigerian Law. Comparison of the answers to the second and third questions…

Rex V. Nwankwo & Anor (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Joinder of offences—Criminal Procedure Ordinance (Nigeria), sections156 to 161. The power of joinder of offences conferred by section 158 of the Criminal Procedure Ordinance is, where the conditions laid down in that section are fulfilled, not limited by the…

Rex V. Kwesi Mensah (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Homicide—Murder or Manslaughter—Negligence—Mis-direction. The Gold Coast law as to criminal negligence is very different from the law as to that in England and many other places. In the Gold Coast, criminal negligence amounts to little more than what is…

J. R. Quansah V. Nana Brompon Yankum II & Ors (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Gold Coast Courts Ordinance, section 74—Applicability of native law and custom. The facts are fully set out in the judgment. Appeal from the Supreme Court of the Gold Coast. Williams for Appellant (defendant below).…