[1974]DLCA2310December 20, 1974Court of Appeal

PRACTICE NOTE: NANKANI vs. THE REPUBLIC

Anin J.A. delivered the judgment of the court. [His lordship stated the facts and continued:] The jury then retired at 12.15 p.m. to consider their verdict, returning to the court later at 12.40 p.m. The following notes appear in the record about the ensuing proceedings: “Jury return at 12.40 p.m. Court: All jurors present. Court: Are you agreed on your verdict? Foreman: No. Court: Is it unanimous? Foreman: No. Court: How say you, is accused guilty or not guilty of the offence charged? Foreman: We could not agree on our verdict. Court: Jury are returned to frame any questions for further direction or explanation on evidence [and] on the law. Time: 1.05 p.m. Jury return: 1.09 p.m. Foreman: We want you to enlighten us on the difference between provocation and self-defence. Court gives for [sic] direction. Jury retire again to consider verdict at 1.52 p.m. Jury return at 2.05 p.m. Court: Are you agreed on your verdict? Foreman: Yes. Court: Is it unanimous? Forem.....