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REX
V.
PETER NDEYEE
WEST AFRICAN COURT OF APPEAL, HOLDEN AT LAGOS, NIGERIA
23RD DAY OF APRIL, 1941
2PLR/1941/4 (WACA)
OTHER CITATION(S)
(1941) VII WACA P. 29
2PLR/1941/4 (WACA)
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
GRAHAM PAUL, C.J., SIERRA LEONE
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BETWEEN
REX – Respondent
AND
PETER NDEYEE – Appellant
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REPRESENTATION
C. W. Reece for Crown
Appellant not present
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE – PROOF OF CRIME:- Conviction for manslaughter and for committing a reckless and negligent act contrary to section 343(e) of the Criminal Code — Where based upon same trial and same facts — Proper sentences for court to make – Whether to run consecutively
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held: Charges should have been treated as alternative and sentence quashed on second count.
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MAIN JUDGMENT
The following joint judgment was delivered:-
KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD 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 consecutively.
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 the second count and pass no sentence in substitution therefor.
The sentence upon the first count stands good.
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