HARRAGIN, C.J., GOLD COAST:- In this appeal the irregularities at the trial and summing-up are so numerous that we are of the opinion that the appeal must be allowed.
In the first place nowhere in the summing-up were the assessors directed that “if there was any reasonable doubt the benefit of it should be given to the accused”. It is true that they were directed that it was for the Crown to prove their case, but this is not a sufficient direction-B. v. Sarwyer, 3 W.A.C.A., p. 155.
In this case it was of more than usual importance as there were two .reasonable doubts that the assessors might have had, the first being as to whether the Appellant committed the crime at all and secondly a doubt as to whether the circumstances were not such as would reduce the crime to one of manslaughter. We are aware that there is a difference between the type of summing-up required when it is a case which is being tried by a jury and a case which is being heard by a Judge sitting with assessors.
In the f…