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ATTORNEY-GENERAL OF SIERRA LEONE
V.
MOMO KAMARA
WEST AFRICAN COURT OF APPEAL HOLDEN AT SIERRA LEONE
18TH DAY OF MARCH, 1937
2PLR/1937/12 (WACA)
OTHER CITATION(S)
(1937) III WACA P. 157
2PLR/1937/12 (WACA)
LEX (1937) – III WACA P. 157
BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
WEBBER, C.J., SIERRA LEONE
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BETWEEN:
ATTORNEY-GENERAL OF SIERRA LEONE — Respondent
AND
MOMO KAMARA — Appellant
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ORIGINATING COURT
APPEAL FROM JUDGMENT OF SUPREME COURT OF SIERRA LEONE EXERCISING APPELLATE JURISDICTION
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REPRESENTATION
S. J. Barlatt — for Appellant
The Solicitor-General — for Respondent
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE — PROOF OF CRIME:- Charge of trespass under section 39 of Cap. 180 of Laws of Sierra Leone for entry into railway compound by a route marked “No thoroughfare.” — Onus of proof — When will be deemed discharged
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held (dismissing the Appeal):–
1. At the entrance was a notice saying “No thoroughfare.” The moment the Appellant set foot upon that entrance route he became a trespasser. And when having entered, he was told by a police constable, acting under general instructions of the General Manager, to go and he refused, he was still a trespasser.
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MAIN JUDGMENT
The following joint judgment was delivered:- per KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST, AND WEBBER, C.J., SIERRA LEONE.
In this case appellant went into a railway station compound, in which there was a platform, in order to take food to his master, an employee of the railway. But he passed in by a route at the entrance to which there was a notice saying “No thoroughfare.”
The moment he set foot upon that entrance route he became a trespasser. Having entered, he was told by a police constable, acting under general instructions of the General Manager, to go. He refused. He was still a trespasser.
For these reasons we agree with the decision of the learned Judge of the Supreme Court, and the appeal is dismissed.
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