Rex V. Keluntang Jameh (1936)

LawGlobal Hub Judgment Report – West African Court of Appeal

Assault of deceased by accused to recover moneys owing to him by Case statedby deceased—Deceased dies as result of such assault—Accused con- of the Judge thevicted of manslaughter by Judge sitting without a jury.

The accused on 30th September. 1934, assaulted Momodu Jallow in an endea- Gambia, your to obtain money from him in satisfaction of a debt due by the latter to him.

Momodu Jallow subsequently died as a result of the injuries received in such assault. On 5th January, 1935, the accused was convicted of manslaughter and sentenced to imprisonment with hard labour for five years. On these facts the learned trial Judge sought the opinion of the Court as to the correctness or otherwise of his verdict. Held : Verdict correct.

Parties not represented.

The following joint opinion was delivered :-

KINGDON, C.J., NIGERIA, WEBBER, C.J., SIERRA LEONE, AND YATES, J.

The opinion of the Court is that the learned trial Judge came to a correct decision in point of law for the following reasons :-The deceased met his death as .a result of a fight with the accused, in which the accused was the first assailant. Under the English Common Law, the conception of which has not been altered on this point by the case of Woolmington v. Director of Public Prosecutions (25 Cr. App. R. 72), the accused was therefore properly convicted of manslaughter.