EMMANUEL YAO BOATENG V. THE KING

POLICY AND PRACTICE LAW REPORTS, 2PLR

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EMMANUEL YAO BOATENG

V.

THE KING

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

14TH DAY OF JUNE, 1949

2PLR/1949/27 (PC)

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OTHER CITATION(S)

2PLR/1949/27 (PC)

(1949) XII WACA 242 – 245

(1949) P.C. 14/06

LEX (1949) – P.C. 14/06

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BEFORE THEIR LORDSHIPS:

LORD OAKSEY,

LORD REID,

SIR MADHAVAN NAIR AND SIR JOHN BEAUMONT

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BETWEEN:

EMMANUEL YAO BOATENG – Appellant

AND

THE KING – Respondent

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ORIGINATING COURT(S)

APPEAL FROM THE WEST AFRICAN COURT OF APPEAL.

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

CRIMINAL LAW AND PROCEDURE:- Gold Coast Criminal Procedure Code, section 286 — Trial with assessors — Relevant considerations

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CASE SUMMARY

At a trial of the appellant with assessors, the trial Judge summed up the evidence to them and gave a proper direction. At the conclusion of the summing up the assessors gave their opinions, all of them holding the appellant to be guilty on both counts on which he was charged. The trial Judge then stated that he accepted the opinions of the assessors, found the appellant guilty on both counts and sentenced him.

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DECISION(S) OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

Held:

That this was a sufficient compliance with the requirements of section 286(2) of the Gold Coast Criminal Procedure Code.

Joseph v. The King (1) distinguished.

Case referred to:

(1) Joseph v. The King (1948), A.C. 215.

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