Rex v Nyawa (Cr. App. 42-1933.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal held that where there is doubt as to the status of a native wife, the Crown must adduce evidence as to the nature of her union with the accused before admitting her evidence. The court noted that a woman married according to Christian ritual would not be a competent witness for the prosecution without the accused's consent, but a woman married polygamously would be competent. The appeal was dismissed as the remaining evidence amply supported the conviction.
Outcome
Conviction upheld despite procedural irregularity in admission of wife's evidence
Facts
The appellant was convicted in a criminal matter. At trial, evidence was given by a woman described as the accused's wife. The trial judge assumed she was married polygamously and therefore competent to testify for the prosecution. No evidence was adduced as to the actual nature of the marriage union. The appellant appealed, objecting to the admissibility of the wife's evidence. The Attorney General conceded that if the woman had been married according to Christian ritual, her evidence would not have been admissible without the accused's consent.
Issues
- Whether the evidence of the accused's wife was admissible for the prosecution without establishing the nature of the marriage union.
Orders
- Appeal dismissed.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.