Appeal from
conviction by High Court.
Slave
dealing, contra. sec. 369 (3)
of the Criminal Code on three
counts--Convictions founded on
evidence of accomplices.
Held:
Corroboration lacking, the appeal
allowed.
There is no
need to set out the facts.
E. O. Moore
for appellant.
R. A.
Doherty for Crown.
The following
joint judgment was delivered:-
KINGDON, C.J.,
NIGERIA, CAREY AND BAKER, JJ.
In this case
one of the grounds of appeal is
that the learned trial Judge was
wrong to convict on the
uncorroborated evidence of
accomplices, and we think that
this ground must be upheld. The
only evidence is that of the
father who gave his three sons
into servitude and of the three
sons themselves. There is no
suggestion that any of the sons
went otherwise than willingly, and
they were therefore, in our
opinion, accomplices just as the
father was. The trial Judge gave
himself no warning in regard to
the lack of Corroboration. In fact
the learned Counsel for the Crown
informs us that the trial Judge
did not regard the sons as
accomplices. Following the
decision in R. v. Norris
(12 Cr. App. Rep. p. 156) we feel
compelled to quash the
convictions. The convictions and
sentences are quashed and it is
directed that in each case a
judgment and verdict of acquittal
bp entered. The accused is
discharged.
Note:-But
lee
judgment of Appeal Court in
R.
11. Dare (Lagos) to be
reported in 5 W.A.C A |
