REX
V.
YAW BARIMAH

JELR 81004 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1945 11 WACA 49-50
CORAM
COR. HARRAGIN, C.J., M'CARTHY, J., AND QUASHIE-IDUN, AG.J.
Core Terms Beta
case
assessors
appeal
judge
crime
crown
doctor's evidence
fact
circumstances
convict
defence
evidence
gold coast
jury
regard
alleged confessions
archbold's criminal pleading evidence
benefit
cell
confession
difference
different people
different story
direction
doubt
first case
first place
learned judge
learned judge states
legal prineiples
misdirection
murder
next point
point
reasonable doubt
reasonable doubts
second confession
sentence of the learned judge
summing-up
type
usual importance
verdict

 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…

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