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REX
V.
KELUNTANG JAMEH
WEST AFRICAN COURT OF APPEAL HOLDEN AT FREETOWN, SIERRA LEONE
23RD DAY OF MARCH, 1936
2PLR/1936/58 (WACA)
OTHER CITATION(S)
2PLR/1936/58 (WACA)
(1936) III WACA P. 9
LEX (1936) – III WACA P. 9
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
WEBBER, C.J., SIERRA LEONE
YATES, J.
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BETWEEN:
REX – Appellant
AND
KELUNTANG JAMEH – Respondent
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ORIGINATING COURT(S)
Case stated by the Judge of the Supreme Court of the Gambia
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REPRESENTATION
Parties not represented.
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE:- Assault of deceased by accused to recover moneys owing to him by deceased — Deceased dies as result of such assault — Accused convicted of manslaughter by Judge sitting without a jury — How treated
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CASE SUMMARY
The accused on 30th September, 1934, assaulted Momodu Jallow in an endeavour to obtain money from him in satisfaction of a debt due by the latter to him. Momodu Jallow subsequently died as a result of the injuries received in such assault. On 5th January, 1935, the accused was convicted of manslaughter and sentenced to imprisonment with hard labour for five years. On these facts the learned trial Judge sought the opinion of the Court as to the correctness or otherwise of his verdict.
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held (Verdict correct):
That the accused was properly convicted of manslaughter.
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MAIN JUDGMENT
The following joint opinion was delivered:- per KINGDON, C.J., NIGERIA, WEBBER, C.J., SIERRA LEONE, AND YATES, J.
The opinion of the Court is that the learned trial Judge came to a correct decision in point of law for the following reasons:- The deceased met his death as a result of a fight with the accused, in which the accused was the first assailant.
Under the English Common Law, the conception of which has not been altered on this point by the case of Woolmington v. Director of Public Prosecutions (25 Cr. App. R. 72), the accused was therefore properly convicted of manslaughter.
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