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THE CASE LIBRARY

Case Title

AMUANING and Another v THE REPUBLIC 1970 GLR 3

Case Principle
Manslaughter; proof of evidence must be unequivocal
Case Authority
allowing the appeal; (1) for a person to be criminally answerable in a case of murder or manslaughter, the evidence of the prosecution must not only establish that the act of the accused could have cause the death of the deceased, but also that it did cause or accelerate his death. R. V Oledima (1940) 6 WACA. 202; Gyan v the Queen (1954) 14 WACA 412; R. v. Nwokocha (1949) 12 WACA 453; and State v Biri Twum, SC., 11 December 1964 unreported, applied. (2) Since on the evidence the death of the deceased could have been caused by other factors, the trial judge should have told the jury not to return a verdict of manslaughter. (3) The recorded evidence established that the appellants inflicted brutal assaults on the deceased, and that this was a case in which the court under the provisions of paragraph 14(2) of the Courts Degree, 1966 (N.L.C.D.84) and section 154(2) of the Criminal Procedure Code, 1960 (Act 30) should exercise its discretion to substitute a conviction for assault instead of for manslaughter as wrongly recorded.