THE QUEEN V. OWE

• Pages: 307-311

THE QUEEN V. OWE.

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307

oncile the story which stated that the appellant had been arrested immediately the

knife (Exhibit A) was taken from him and he was detained in the Court hall with the

other story that the appellant was found with injuries on his body carrying a blood-

stained knife in his hands in the middle of what can rightly be called a big fighting

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mob where he was arrested and taken to the cell. We hesitate to think that the two

stories relate to the same man, the appellant.

The appellant denied all knowledge of the knife (Exhibit A), and denied that it

was taken from him. He claimed the knife, Exhibit B, and did not deny the circum-

stances under which it was taken from him when he was arrested.

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We feel bound to say that these contradictions we have brought out in the evi-

dence of the three witnesses relied upon by the learned trial Judge are of vital im-

portance and that if they had received such consideration as they deserved in the

hands of the learned trial Judge, we do not think he would have arrived at the con-

clusions he did. Further, the evidence of the 7th witness for the Crown, to our

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mind, has left one in a state of uncertainty as to the truth of the evidence of the 2nd

witness for the Crown, On the whole, the evidence does not show that degree of

certainty which should be the criterion in a criminal trial. Rather, there is room for

doubt whether it was the appellant who actually stabbed the deceased in this case.

He (appellant) might have stabbed somebody else during the fight, but it must be

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proved beyond doubt that it was he who stabbed the deceased.

We find ourselves unable to support the conviction.

The appeal is allowed:

The verdict and order made are

set aside.

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Appellant is discharged.

Appeal allowed: Conviction

quashed.

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THE

QUEEN V. OWE.

35 THE QUEEN

V

IZOBO OWE

FEDERAL SUPREME COURT.

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UNSWORTH,

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F.J.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

7th December, 1961

RESPONDENT

APPELLANT

SUIT NO. FSC 33

2

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961

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Criminal Law - Murder - Death not proved to have resulted front injuries

inflicted by accused - Intent to kill proved - Conviction set aside - Conviction

of attempt substituted - Crimhzal Procedure Ordinance, Cap. 43, Section 169

- WR. Criminal Code Law, W.R. Cap. 28, sections 257, 258 - Murder -

Insanity - Uncontrollable impulse - W.R. Criminal Code Law, W.R. Cap. 28,

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section 26 - Appeal - SubstituCon by Appellate Court of conviction for another

offence - Criminal Procedure Ordinance Cap. 43, section 169.