REGINA vs. DJOMOH

JUDGMENT OF GRANVILLE SHARP, J.A. Granville Sharp, J.A. delivered the judgment of the court. (His lordship referred to the evidence and continued). The finding that in the appellant’s evidence he no doubt lied does not conclude the matter against him. The evidence of the prosecution has to be considered first, for the burden rests upon the prosecution to prove guilt beyond any reasonable doubt. The learned judge reviewed the evidence, but it does not appear from the record that he made any comment upon it, or gave any directions to the assessors (or to himself) as to its possible effect in law. His recorded note is as follows:— “Assessors told if evidence of accused accepted, opinion should be stated as not guilty. If after consideration of all evidence they find Prosecution’s case proved, opinion should be stated as guilty. If they entertain any reasonable doubt, accused entitled to benefit of that doubt, and opinion should be stated as not guilty.” We mu...