REX.
V.
1 AFOSE & 9 ORS

JELR 81002 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1934-35 2 WACA 118 - 119
CORAM
Cor. Deane, Webber, C.JJ., and Butler-Lloyd, Acting C.J.
Core Terms Beta
statement
rule
person
persons
evidence
questions
reply
others
police inspector
procedure
question
statements
accused person
archbold 28th edition
case
copy of such statements
correct decision
crown counsel
difficulties
first question
following proviso
gold coast
investigating officer
judges
learned chief justice
learned chief justice opinion of the west
learned chief justice's ruling
local conditions
majesty's judges
objects
order
others of the accused
particular trial
presiding judge
proviso
rules
second question
such matters
such persons

 DEANE, C.J., GOLD COAST.

This is a case stated by the learned Chief Justice opinion of the West African Court of Appeal.

In so far as this particular trial is concerned the questions asked are academic since the evidence to which they relate was rejected.

The relevant facts are as follows. A statement was made by one of the accused to a police inspector. This was subsequently read over by the inspector in the presence of two other accused. Those two were not cautioned but said that the statement was correct. It was subsequently read over to others of the accused who were mentioned in it and they said nothing.

The learned Chief Justice pointed out that the procedure adopted was contrary to rule 8 of the rules approved by His Majesty's Judges as applicable to such matters, and the Crown Counsel withdrew the document.

The rule in question is to be found at p. 406 of Archbold 28th Edition and reads as follows:----

When two or more persons are charged with the same offence and statements ar…

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