Conviction
for Manslaughter and for
committing and reckless
and Appeal. from
negligent act
contra 343 (c) of
criminal code - same trail and
same facts -Sentences to run
consecutively.
Held: Charges should have been
treated as alternative and
sentence quashed on second
count.
There is no need to set out the
facts. C. W. Reece for
Crown.
Appellant not present.
The following joint judgment was
delivered :-
KINGDON, C.J.,
NIGERIA, PETRIDES, C J,
COLD COAST AND GRAHAM PAUL, C.J.,
SIERRA LEONE.
In this case
the appellant was convicted of
manslaughter by Jeffreys, Acting
Assistant Judge, in the High
Court at Buea, and sentenced to
two years I.H.L. At the same
trial he was also convicted on
the same facts of committing a
reckless and negligent act
contra. section 343 (e)
Criminal Code and sentenced to
one year I.H.L. the two
sentences to run concretively.
It is clear that the charges
should have been treated as
alternative and that the
appellant should have been found
guilty and sentenced upon one
only. Upon his appeal against
sentence, therefore, we quash
the sentence passed upon t he
second count and pass no
sentence's in substitution
therefor. the sentence upon the
first count stands good.