REX
V.
AGNES SAWYER

JELR 81026 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1936-37 3 WACA 155-156
CORAM
Cor. KINGDON, PETRIDES and WEBBER. C.JJ.
Core Terms Beta
jury
case
reasonable doubt
convictions
trial judge
verdict
benefit
counts
court
judge
king
prosecution
account
acquittal
acting chief justice
appeal
appeals
b. a. k. mcroberts
b. r. lawrence v
case of b. r. lawrence v
conviction
criminal charge
duty
error
esq
essential principle of our criminal law
evidence
favour
fundamental principle
ground inter alia
judgment
learned trial judge
nigeria
omission
perjury
present case
respect
short sentence
supreme court of sierra leone
verdict of the jury
words of lord atkin

KINGDON, C.J., NIGERIA.

In this case the appellant was charged on three counts with perjury and tried in the Supreme Court of Sierra Leone before B. A. K. McRoberts, Esq., Acting Chief Justice, sitting with a jury. She was convicted on the first two counts and sentenced to three months' I.H.L. on each, to run concurrently. She now appeals to this Court on the ground inter alia that “the learned trial Judge misdirected the jury in omitting to point out to them that if there was any reasonable doubt, the benefit should be given to the accused.”

The trial Judge in reporting to this Court states that he did not agree with the verdict of the jury because he did not think that the evidence was sufficient to warrant the accused's conviction, and he summed up in her favour. But although in his summing-up he said in one short sentence, “I want to remind you that it is for the prosecution to fully prove its case,” he failed to point out to the jury that if there was any reasonable doubt the bene…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login