Kargbo v R (accessory before the fact)
1960s · Court of Appeal of Sierra Leone
Posted By lanbuk.com
- Facts
- A boy was taken on a journey by the and later found dead. The trial judge told the jury the appellants must account for him.
- Issue
- Was the direction proper, and what must be proved against an accessory before the fact?
- Held
- The direction was wrong. To convict as an accessory before the fact, the prosecution must prove that the accused counselled or procured the crime and was absent when it was committed (R v Brown (1878) 14 Cox CC 144).
- Principle
- The burden stays on the prosecution; an accessory before the fact must have counselled or procured and been absent.
- Why it matters
- Guards against shifting the to the accused.
Words and Latin in this note
- Burden of proof
- The duty on one side of a case to prove the facts it relies on. If that side fails, it loses on that point. In a criminal trial it stays with the prosecution, except for insanity and a statutory exception. Open the note.
Also on Lanbuk
- Kargbo v R in Lanbuk on the Law of Evidence
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.