UZUKWU V. THE QUEEN

• Pages: 225-227

UZUKWU V. THE QUEEN

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he had inflated vouchers for the appellant's predecessor, the cross-examination

which he disallowed could not have seriously affected the judge's view as to the

witness's credit. The judge should certainly have had no illusions about the general

honesty of the witness, and if the cross-examination had been intended merely to

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destroy the witness's credit by injuring his character there would be some force in

this submission, but although this Court has not even now been supplied with exact

particulars of the questions whicli it was proposed to put to the witness if appears

that his previous convictions related to frauds of precisely the same kind as those

in this case, which being so the cross-examination might, for all this Court can say

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to the contrary, have shown that the picture which he presented of himself as the

mere catspaw, lending himself to the frauds of his superiors and getting nothing

in return for it, was a completely false one, and the appellant's story that he acted

in good faith might then have appeared less improbable. It is the view of this Court

that, in the well-known words used in

R. v. Cohen and Bateman,

2 Cr. App. R.197

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"there has been not only a miscarriage of justice but a substantial one, because

the appellant has lost the chance which was fairly open to him of being acquitted".

The chance may in this case have been a slight one, but the Court cannot say that

no chance existed, and the appeal is allowed. The conviction and sentence are

set aside and judgment and verdict of acquittal are entered.

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Appeal Allowed; verdict of

acquittal entered.

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UZUKWU V. THE QUEEN

ALBERT AMADI UZUKWU

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V

THE QUEEN

FEDERAL SUPREME COURT

BRETT,

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Ag. C.J.F.

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DE LESTANG,

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C.J. Lagos

QUASHIE-IDUN,

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C.J. (W.R.)

9th August, 1963.

APPELLANT

RESPONDENT

SUIT NO. FSC 7

7

/

1

963

Legislation - Criminal Procedure Aci, s.349(1)

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Criminal Law - Notice of trial to person conunitted for trial.

ISSUE:

1. Wi

'ether an accused person must be given notice of trial under s. 349(1) of the

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Criminal Procedure Act.

FACTS:

"349 (1) of the Criminal Procedure Ordinance provides that:-

The Sheriff or other proper officer aforesaid shall, as soon as may

be after having received a copy of the information and notice of trial,

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and three days at least before the day specified therein for trial, or

within such lesser time as the court may for good cause order, by

himself or his deputy or other officer, deliver to the party charged the

said copy and notice and explain to him the nature thereof, and when

the said party is not in custody or shall have been admitted to bail