ALPHONSO CAMPBELL & ORS VS THE STATE
SC. Cr. App. No. 4/82|
Court:
Supreme Court of Sierra Leone
Coram:
The Honourable Mr. Justice E. Livesey Luke, C.J- Presiding
The Honourable Mr. Justice C. A Harding - J. S. C
The Honourable Mrs. Justice A. V. A. Awunor-Renner - J. S. C
The Honourable Mr. Justice S. Beccles Davies - J. S. C
The Honourable Mr. Justice M. S. Turay – J.A
Judgment Dated
Monday 4th JULY, 1983
Action
A matter for the determination of the meaning of a calendar month as prescribed under Rule 74(1) of the Supreme Court Rule 1982
Facts:
The 2nd appellant was convicted of robbery contrary to section 23(2) of the larceny act of 1916 and sentenced to 7 years imprisonment at the High court. He appealed to the Court of Appeal against his conviction and sentence. On the 9th June 1982, the Court of Appeal among other things, substituted a verdict of guilty of receiving in place of guilty of robbery and dismissed the appeal against his sentence. The Solicitor for the 2nd appellant gave notice of appeal to the Supreme Court on the 31st July, 1982 against the judgment of the Court of Appeal. The Supreme Court ask the Solicitor for the appellant to satisfy to the Court that the appeal was made within the prescribed time.
Analysis and Findings
It was the argument of Counsel for the appellant that one month means, one of the twelve unequal months into which a calendar year is divided which begins to run from the first to the last day in a month whilst Counsel for the respondent argued that for the purpose of computing a “calendar month” the period expires on the date of the succeeding month immediately preceding the date on which the decision was given.
The Court observed that the words of sub-rule one of rule 74 of the Supreme Court Rule of 1982 are clear and unambiguous. Therefore, one month was interpreted to mean one calendar month from the date of the decision which the Court referred to as the ‘arbitrary date’. The Court adopted the interpretation put by the English Courts on the subject-matter as the only reasonable and common sense interpretation. The Court further concluded that within one month in the instant case means a calendar month from the 9th of June 1982 to the 8th July 1982.
Thus, the Notice of appeal was held to have been given out of time.
Order
There was a unanimous decision to strike out the appeal.
Counsel
C. V. M. Campbell Esq for the Appellant
A. K. A Barber Esq for the State
WRITTEN BY:
Lauretta Macauley
EDITED BY:
Adel Bull