BASSEY V. THE QUEEN

• Pages: 227-230

BASSEY V. THE QUEEN



227

The case appears to be a proper one for ordering a retrial, and the order of

this Court will be that the conviction and sentence are set aside and that the appel-

lant shall be retried before another judge of the High Court. If the retrial results in

the conviction of the appellant the High Court will no doubt take into consideration

5



in imposing sentence, the fact that the appellant has already served a period of

over seven months as a convicted person.

Appeal Allowed; Order for retrial

before another Judge.

10

BASSEY V. THE QUEEN

15

OKON BASSEY



APPELLANT

V

THE QUEEN



RESPONDENT

SUIT NO. FSC 109/1963

20

FEDERAL SUPREME COURT

BR ETI,



C.J.F.

DE LESTANG,



C.J. Lagos

QUASHIE-IDUN,



C.J. (W.R)

23rd August, 1963.

25

Legislation - Criminal Code, s.286, s.317, S.318

Criminal Law - Homicide - Self-defence - Provocation - Successive blows - Time

to cool.

30

ISSUES:

1.

Whether a plea of self-defence will avail a defendant who uses excessive force

on his attacker.

2.

Whether blows administered in quick succession by an accused on his attacker

35



in self-defence can be treated separately.

FACTS:

Briefly, S. 286 of the Criminal Code provides that a person may use reason-

able force to defend himself against an unprovoked assault, even to the extent of

killing if he reasonably believes he must when he has reasonable apprehension of

40



death or grievous harm (text in judgment).

Sections 317 and 318 provide that

"317. A person who unlawfully lolls another in such circumstances as not to

constitute murder is guilty of manslaughter.

45



"318. When a person who unlawfully kills another in circumstances which, but

for the provisions of this section, would constitute murder, does the act

which causes death in the heat of passion caused by sudden

provocation, and before there is time for his passion to cool, he is guilty

of, manslaughter only."

50

The defendant was attacked in a room by two women (one of them elderly) and

a man, all unarmed; the defendant had a knife, which he used on the man, who let

go of him and ran off; he struck the elderly woman (the deceased) once with the

knife and she let go of him, and he then struck her again three times when she was