REX
V.
MAMA TIMBUKTU

JELR 81016 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1936-37 3 WACA 164
CORAM
Cor. KINGDON, PETRIDES and WEBBER, C.JJ.
Core Terms Beta
jury
manslaughter
appellant
verdict
question
african court of appeal ordinance
case
murder
section
west
24th february
assault
cape coast of the murder
circumstances
crime
date
deceased
gold coast
good reason
ground
hard labour
imprisonment
justifiable homicide
learned judge
native tribunal policeman
nigeria
offence
own view
proper verdict
question of the case
reasons
sacrifice
sierra leone
special power of the court
such circumstances
summing
trial judge
unlawful arrest of the appellant
verdict of manslaughter
webber

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST, AND WEBBER, C.J., SIERRA LEONE.

In this case the appellant was convicted at the Assizes at Cape Coast of the murder of one Akwesi. In his summing up to the jury the learned Judge directed them that there was no ground for reducing the offence to manslaughter, though he left to them the question of whether the case might be one of justifiable homicide. In withdrawing from the jury the question of the case being one possibly of manslaughter, we think that the trial Judge was wrong. The circumstances were that the deceased was assisting a native Tribunal policeman to effect the unlawful arrest of the appellant at a time when appellant had good reason to fear that he might be seized and carried off as a sacrifice. The question should have been left to the jury whether there were not such circumstances aggravating the assault upon appellant as would reduce the crime from murder to manslaughter. If that question had been so left to the jury…

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