REX
V.
GEORGE PAYNE

JELR 81104 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1942 8 WACA 17-18
CORAM
COR. KINGDON, C.J., BUTLER LLOYD AND BAKER, JJ.
Core Terms Beta
section
criminal code
offence
english act
person
intent
learned trial judge
reputation
action
anonymous letter
close resemblance
court
english conspiracy
facts
legal practitioner
letter
matter
ordinance
profession
protection of property act
question
threats of injury
trade disputes
bears
brooke
case
clauses
connection
counsel
decision
disputes
english section
fact
intimidation
intimidation contra section
kaduna judicial division of the high court
opinion
opinion of this court
punishment
recipient's person
reported cases
trade
trade dispute
whole of our section

 KINGDON, C.J., NIGERIA, BUTLER IJLOYD AND BAKER, JJ. This is a case stated by Brooke, J., sitting in the Kaduna Judicial Division of the High Court.

The accused was charged with compelling action by intimidation contra section 366 (1) (a) of the Criminal Code.

The facts found by the learned trial Judge were that the accused typed and sent an anonymous letter to a legal practitioner with the intent of preventing or hindering him from doing an act which he was lawfully entitled to do, viz: freely to exercise his profession, and that the letter contained threats of injury to the recipient's person and reputation.

The learned trial Judge held subject to the Opinion of this Court that these facts did not constitute an offence within section 366 of the Code. The question we are asked is as follows:- “Was the Court correct in coming to decision that a “person who by himself sends a letter to a person threatening “him with injury to his person and reputation with the intent

“of preventing or h…

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