REX
V.
KOFI MANSU

JELR 81076 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1946-49 12 WACA 113-114
CORAM
HARRAGIN, C.J. (GOLD COAST), M’CARTHY AND MARTINDALE, JJ.
Core Terms Beta
appellant
plea
jury
case
mistake
appeal
fact
attorney-general
discretion
evidence
facts of the case
incident
matter
palestine
absence of a relevant witness
ample evidence
beginning of the trial
chance
circumstances
course of the case counsel
cross-examination
essential difference
facts
fault
general practice
hard labour
judicial committee of the privy council
learned judge
learned trial judge
offence of murder
only reason attention
proper course
prosecution
real meaning of his plea
reasonable jury
relevant witnesses
sketchy notes of the trial judge
such witnesses
support of this argument
thompson udo essien

 Harragin, C.J. There is only one point of substance in the grounds of appeal filed in this case. It reads as follows:-

“The learned trial Judge misdirected the jury by stressing the fact that the defendant pleaded guilty at the beginning of the trial when he had not the benefit of Counsel’s advice.”

The facts are that, when the appellant was charged with the offence of murder, he pleaded guilty, but the Court very properly ordered a plea of not guilty to be entered and the case to be tried on this plea. If this had been all that had happened, no fault could have been found with the procedure, but unfortunately in the very sketchy notes of the trial Judge’s summing-up, it is clear that the jury were invited to consider this plea of guilty when applying the law to the facts of the case. This reference was irregular. In so far as the jury were concerned, the plea was that of not guilty, and it may well have been that they were not even in Court when the appellant pleaded guilty. The fact …

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