REX
V.
PETER KALLE

JELR 81112 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1936-37 3 WACA 197-198
CORAM
Cor. BUTLER LLOYD, Ag.C.J., BROOKE and MARTINDALE, JJ.
Core Terms Beta
court
case
appeal
conviction
offence
particulars
plea
trial
charges
crown counsel
elements
facts
point
separate offences
substantial miscarriage of justice
summary trial
account of his employer
addition of the words
adequate notice of the charges
african court of appeal ordinance no.
circumstances of this case
criminal appeal act
criminal code
criminal liability
crown
different subsections of section
first place
further difficulty
grounds of appeal
guilt of the accused
own statement
previous offences
second count
second count crown counsel
sections
sentence of imprisonment
single count
statement of offence
stronger case
subsequent offences
superior officer
third ground
various specific offences
victoria native administration
view of his age
west african court of appeal

BUTLER LLOYD, Ag.C.J., NIGERIA, BROOKE AND MARTINDALE, JJ.

The grounds of appeal in this case do not appear on the record, but from along written address by the appellant, which was read to the Court, they were found to be :-- (a) that he had been thrice punished for the same offence, and (b) that the sentence is excessive.

Crown Counsel asked to add a third ground which clearly appeared on the record, viz. :--

(c) the counts are bad for duplicity.

As regards (a) the appellant was confusing his civil and criminal liability in the first place, and in the second, as was pointed out, conceived that his sentence of imprisonment on previous offences unconnected with those for which he is now charged covered his subsequent offences.

As regards (b), the sentence which is made to run concurrently cannot be regarded in any way as excessive.

The remaining additional ground, that the charges were ball for duplicity, is the only substantial one. The statement of offence in the first count charges…

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