REX v. SAMUEL ADIUKWU AND OTHERS

The following joint judgment was delivered :-

BUTLER LLOYD, AG. C.]., CAREY AND BROOKE, JJ.

The case against the first three accused was originally a separate one, No. A/128. C/1939, in which they were committed for trial on charges of conspiracy to bring false accusation contra section 1::,5 of the Criminal Code, preparation for coining section 148 (3) (a) and possession of several counterfeit coins section 152 (1) (c). The fourth accused was, as the Judge states at page 17 of the record, arraigned separately from the others (Case No. A/124. C/1939) on four different counts of counterfeiting silver coins section 147, preparation for coining sections 148 (3) (a) and (d) and possession of several counterfeit coins section 152 (1) (c). The cases were consolidated and all accused were tried together.

The first two accused were convicted of conspiracy and preparation for coining, the third accused was acquitted on all three counts and the fourth accused was found guilty on the first two and the last counts. The latter alone has appealed to this Court.

A preliminary point was taken that there had been a misjoinder. The learned Crown Counsel did not seek to support the irregularity of a simultaneous trial where the persons had been separately. committed for trial and referred to R. v. Crane 1921, 15 C.A.R. 23 in which it had been definitely established that defendants indicted separately cannot in law be tried jointly; such a proceeding was held to be a mistrial and a venire de novo was awarded. The fact that there were separate indictments was in that case only discovered after the appellant had given notice of appeal.

Ayory J. remarked" Was there a trial at all in this case, which can be recognised? If they were not properly given in charge the tribunal was not competent to try them."

The Court treated the verdict and sentence as a nullity and they were expunged from the record. On appeal to the House of Lords it was held (Viscount Finlay dissenting), that when the Criminal Court of Appeal annuls proceedings on indictment on the ground that they are void it has the power to order a trial on the indictment in question.

R. v. Charles Dennis and Henry Walter Parker 18 C.A.R. 39 decided that defendants not jointly indicted cannot be tried together by consent: the headnote reads" the Court will take the point that there has been no jurisdiction if it is not taken by the parties." It is bound to take notice of a manifest want of jurisdiction.

In a further c