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OLAGUNJU SHITTA VS THE QUEEN

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OLAGUNJU SHITTA VS THE QUEEN

Legalpedia Citation: (1961-01) Legalpedia 04700 (SC)

In the Supreme Court of Nigeria

Holden at Lagos

Mon Jan 23, 1961

Suit Number: SC. 288/1960

CORAM


BRETT, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

BAIRAMIAN, JUSTICE SUPREME COURT


PARTIES


APPELLANTS


THE QUEEN

RESPONDENTS 


AREA(S) OF LAW


CRIMINAL LAW – JURY TRIAL

 


SUMMARY OF FACTS

The appellant was convicted for murder by a jury after the trial judge directed their attention to things that might have created doubt to the credibility of the witnesses.

 


HELD


The court held that there was nothing improbable about the verdict and that there was no basis for reversing the decision of the jury.

 


ISSUES


Whether the appellant was satisfactorily identified as the person who stabbed the deceased.

 


RATIONES DECIDENDI


APPELLATE COURTS CANNOT REVERSE A CONCLUSION REACHED BY A JURY ON MATTERS OF FACT


‘Where a Jury, properly directed, has come to any conclusion of fact that conclusion will not be reversed on appeal, provided there was any evidence to support it, unless the court of appeal is satisfied that it was a conclusion to which no reasonable Jury could have come.’ Per Brett F.J

 


CASES CITED


R. v. Heyes (1951) 1 K.B. 29

 

 


STATUTES REFERRED TO


Not Available

 


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