Rex V. Okpata Oyama (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Mattslaughter—Extrem. provocation–Reduction Appeal from of sentence.

The facts are sufficiently set out in the judgment. S. A. McKinstry for Crown.

Appellant net present.

The following joint judgment was delivered :—

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND FRANCIS, JJ .

The appellant was sentenced to imprisonment for life upon being convicted of the Manslaughter of one Ekum Agbama. In giving judgment the learned trial Judge said ” I believe that ” there was provocation of the grossest kind and that the accused ” was carried away by sudden anger and that he killed the

deceased before there was time for his anger to cool.”

In view of this we think it proper to accede to the appellant’s prayer that the sentence may ” be exchanged for a lesser and definite term of imprisonment.”

The appeal is allowed, the sentence passed at the trial is quashed, and in substitution therefore the, appellant is sentenced to imprisonment with hard labour for 10 years.