THE QUEEN V. AKPAN

• Pages: 19-20

THE QUEEN V. AKPAN

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In the result, the appeals of all the appellants against their conviction on count

1 is dismissed. The appeals of the first and fifth appellants against their convic-

tion on count 2 are allowed, their convictions and sentences on that count are set

aside and judgments of acquittal are entered.

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Appeals on 1st count dismissed.

Appeals of 2nd and 5th appellants

on 2nd count allowed.

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THE QUEEN V. AKPAN

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THE QUEEN

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RESPONDENT

V

MICHAEL AKPAN

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APPELLANT

SUIT NO. FSC 251/1960

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FEDERAL SUPREME COURT.

BRETT,

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F.J.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

26th January, 1961.

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Criminal Law- Conviction on evidence of finger-print propriety.

ISSUE:

1. Whether a conviction based solely on the similarity of a fingerprint is good.

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FACTS:

The appellant was accused of burglary. On a louvre of the broken entry win-

dow, there was a finger-print impression, and a person of experience and train-

ing compared it with the appellant's finger-prints. He gave evidence of sixteen

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similarities, and testified that he excluded the possibility of the impression on the

louvre being that of any other person. The trial Judge satisfied himself, from a vis-

ual examination of the exhibits put in by the witness, that the finger-print on the

louvre was identical with the fingerprints of the appellant taken by the Police, and

convicted him. On appeal-

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HELD:

The conviction based solely on the similarity of the finger- prints was good.

[As to

evidence of finger prints,

see 11 HALSBURY'S LAWS 4th Edition 253

Para 436.]

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CASES REFERRED TO IN JUDGMENT:

1.

R. v. Bacon,

1915; 11 Cr. App. R. 90;

2.

R. v. Castleton,

1909; 3 Cr. App. R. 74;

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Appellant in person.

Oki, Senior Crown Counsel,

for the Crown.