[1960]DLCA294June 22, 1960Court of Appeal

REGINA vs. OKAI

JUDGMENT OF KORSAH C.J. Korsah, C.J. delivered the judgment of the court. (After stating the facts his lordship continued): It is necessary to say, firstly, that when jury presented a unanimous verdict that the accused was guilty of murder they had discharged their function in the trial, and could not be permitted to take any further part in the proceedings. When, therefore the foreman of the jury informed the court that their verdict was not in a unanimous verdict, they should have been informed by the learned trial judge that a note would be taken of the statement in question for the information and consideration of the Court of Appeal. This was of special importance in view of the fact that it was after the sentence of death had been solemnly passed that the foreman of the jury intervened. What, however, in fact followed (and for which no precedent can be found in the annals of the law) was that the learned judge respited death sentence, and appears to have ordered what m...