Convictions for aiding and
abetting in gaming
offences-Paucity evidence led by
prosecution.
Held: Evidence insufficient to
support convictions and appeals
allowed.
There is no necessity to set out
the facts.
R. S. Blay
for Appellants.
A.
J.
Ainlie
for Respondent.
The following joint judgment was
delivered :-
KINGDON, C.]., NIGERIA, PETRIDES,
C.J., GOLD COAST, AND WEBBER,
c.J., SIERRA LEONE.
The two accused in the
Magistrate's Court at Tarkwa
were each fined £20 or three
months' imprisonment with hard
labour in that on the 24th
September, 1936, at Abosso, by
their act or otherwise did aid
and abet one Kweku Jackson in
the commission of a crime to wit
" Keeping a common gaming house
contrary to sections 46 (1) and
442 Cap. 29."
They appealed to the Divisional
Court, which gave judgment
dismissing their appeal, and
from that judgment they now
appeal to this Court.
The former of the two sections
above mentioned relates to
abetment of crime and the latter
to the keeping of a common
gaming house. A common gaming
house is not defined, but in the
Criminal Code Ordinance a gaming
house is defined as follows :-
" Any building or premises kept
or used by any person without
lawful authority for the purpose
of directly or indirectly making
gain by providing any facilities
for betting or for playing of
any game of chance for money or
money's worth."
There is no evidence of
providing facilities for
betting, and the only evidence
on which the accused were
convicted for keeping a building
for the purpose of making gain
by providing facilities for
playing a game of chance was the
evidence of a sergeant of
police, who states that he saw a
congregation of people playing a
game called Iudo for money. He
does not describe the game, and
there is no evidence whatever
what the game of ludo is and
whether it is a game of skill or
a game of chance.
. It is unnecessary to deal with
the other grounds of appeal; it
is sufficient to say that there
is no proof that this building
was used for purpose of gain by
providing facilities for the
playing of games of chance. The
findings and sentences are
accordingly reversed and the
appellants are acquitted a
