Walker, Hughes and Jarret v. Reginam ((Cr. App. Nos. 32/67, 33/67 and 34/67)) [1968] SLCA 1245 (14 June 1968);

Law Report Citation: 
1967-68 ALR S.L. 189 C.A.
Search Summary: 

Criminal Law-degrees of complicity-principals-principal in second degree-person present encouraging murderer to inflict at least grievous bodily harm:

Criminal Procedure-judge's summing-up-contents of summing-uprelevant law, salient features of evidence, and application of law

Criminal Procedure-jury-delivery of verdict-jury acquitting of murder not to be asked for verdict on manslaughter if evidence warrants murder verdict only:

Headnote and Holding: 

Persons who are present when a murder is committed, not merely as onlookers but encouraging the murderer to at least inflict grievous bodily harm on the deceased, are guilty ofmurder as principals in the second degree (page 193, lines 32-39).

An acquittal regularly arrived at by a court of competent jurisdiction acting within its jurisdiction, although erroneous in point of law, cannot be questioned on appeal (page 194, lines 3-10)

A judge summing up the law and evidence in the case to a jury should direot them as to the law which is applicable and may, and generally does, go through the evidence and comment on it;
he should assist them as to the facts by dealing with the salient features of the evidence, especially if the case is complicated andlengrthy; and he should in all cases assist them as to the applicationof the law to the facts (page 194, lines 21-27; page 195, lines 13-19)