Kargbo v R

Facts

Kargbo v R and does not tell the story. The report is Kargbo, Kargbo and Kamara v Reginam, in the Court of Appeal of Sierra Leone, 10 May 1967. Santigie Kargbo, Sorie Kargbo and Fasineh Kamara were tried over the death of a boy, Abdul Kamara, aged nine. He was taken from Yebat to Rolal, disappeared, and was found dead with severe head injuries. There was no direct evidence that they had killed him. The trial judge told the jury that, since the three had arrived with the boy and the boy had disappeared, they must account for him, and he left manslaughter to the jury.

Issue

May a jury be told that accused persons must account for a death, and may they be convicted of an offence that was not charged?

Held

No. The Court of Appeal allowed the appeals, quashed the convictions and entered verdicts of not guilty. The prosecution had to prove guilt. The direction that the accused must account for the boy reversed that burden. A person charged as an accessory before the fact, who is shown to have been a principal, is not to be convicted of either on that indictment.

Principle

Woolmington applies in Sierra Leone. The judge must direct the jury that the prosecution proves the case beyond reasonable doubt. The accused does not prove his innocence.

Why it matters

This is the local authority. Musa Sesay, in the Gambia, is named as well,.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.