THE QUEEN V. WILCOX

• Pages: 274-277

274

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

either the Treasury or Akande. Granted that the appellant's motive was to put him-

self in a stronger bargaining position in respect of his fees, it is submitted that that

would not make his intent a fraudulent one within the meaning of s.419 of the Crimi-

nal Code. We are unable to agree. Akande was defrauded, in being put at a dis-

advantage in the discussions over the appellant's fees and being made to wait for

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his money until the matter was settled to the appellant's satisfaction. The appel-

lant may not have intended that the Treasury should in fact suffer any loss, but it

would appear that it was also defrauded by being induced to part with the money

to a person not entitled to it. If the appellant had, for example, become insolvent

before passing the money to Akande, Akande could have claimed it from the Treas-

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ury, and the Treasury could not have been heard to say that the payment to the ap-

pellant had discharged its indebtedness to Akande. We would refer in this

connection to the decision of the House of Lords in

Welham v. Director of Public

Prosecutions,

(1961) A.C. 103, as to the meaning of an intent to defraud in the

Forgery Act, 1913, which seems indistinguishable.

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All the grounds of appeal therefore fail, and the appeal is dismissed.

Appeal dismissed.

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THE QUEEN V. WILCOX.

THE QUEEN

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RESPONDENT

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V

GABRIEL ADAOJU WILCOX

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APPELLANT

SUIT NO. FSC 208/1961

FEDERAL SUPREME COURT.

DE

LESTANG,

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C.J., LAGOS

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BRETT,

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F.J.

TAYLOR,

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F.J.

30th October, 1961.

Criminal Law - Uttering a False Document - Evidence - Forged Cheque -

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Comparison of handwriting by trial judge in open court - examination of

exhibit by the trial judge outside court - examination amounting to investigation

and not trial - Function of trial court to determine issues on the evidence

adduced at the hearing - Trial Judge's examination of exhibit outside court in

excess of function.

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Criminal Law and Practice - Appeal - Federal Supreme Court - Error in trial

- No substantial miscarriage of justice - Application of proviso to section 26(1)

of the Federal Supreme Court Ordinance, 1960 (No. 12 of 1960).

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ISSUES:

1.

Whether a trial judge in a criminal case involving a questioned writing is entitled,

without the assistance of expert witness to personally compare the questioned

writing with the genuine writing.

2.

Whether a trial judge has power to examine exhibits outside of court, thus

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considering matters not brought out by examination of witnesses in open court.