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REX
V.
MODUS WRAY
WEST AFRICAN COURT OF APPEAL HOLDEN AT FREETOWN
3RD DAY OF MARCH, 1941
2PLR/1941/30 (WACA)
OTHER CITATION(S)
2PLR/1941/30 (WACA)
(1941) VII WACA P. 14
LEX (1941) – VII WACA P. 14
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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
MODUS WRAY — Appellant
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REPRESENTATION:
E. S. Booku Betts — for Crown
S. Bankole Jones — for Appellant
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE – PROOF OF CRIME:- Conviction for Manslaughter — Severity of Sentence of fifteen years imprisonment on simple instance of violence – Invitation of court to review same – How treated
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held:– That sentence too severe. Sentence quashed and lesser sentence substituted.
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MAIN JUDGMENT
The following joint judgment was delivered:-
KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST GRAHAM PAUL, C.J. SIERRA LEONE
In this case, the appellant was charged with murder and convicted of manslaughter and sentenced to fifteen years imprisonment with hard labour. He is not a member of the professional criminal class and so far as appears his act was a simple instance of violence.
Having regard to this, we think that the sentence was far too severe. At the same time, a sentence of considerable severity is necessary as a deterrent. The sentence passed at the trial is quashed and in substitution therefor the appellant is sentenced to five years imprisonment with hard labour to date from the date of his conviction, the period during which he has been treated as an unconvicted prisoner pending appeal to count towards his sentence.
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