S v Yankuba (Cr.App 32/2003) [2006] SLCA 7 (13 July 2006);

Cr.App 32/2003

IN THE COURT OF APPEAL OF SIERRA LEONE

FUDI YANKUBA                               -- APPELLANT

Vs

THE STATE                                        -- RESPONDENT

CORAM: Hon. Justice Jon Kamanda JA (Presiding)

Hon. S. Bash-Taqi JA

Hon. S. Koroma JA

COUNSEL: Abdul Tejan-Cole             -- Appellant

S.A. Bah (Principal State Counsel) - for State Respondent

JUDGMENT OF THE COURT made this ...13th......day of July, 2006

KAMANDA JA: The Court, having fully considered the issues raised in this case, has adjudged that this Appeal is allowed with detailed reason to be given in due course after notices to the parties. The ORDER of this Court is as follows:

THE CONVICTION QUASHED, AND THE SENTENCE OF DEATH BY HANGING IS SET ASIDE. A CONVICTION FOR MANSLAUGHTER IS SUBSTITUTED, AND THE APPELLANT IS SENTENCED TO IMPRISONMENT FOR 5 YEARS, THAT SENTENCE TO TAKE ACCOUNT OF TIME APPELLANT HAS SPENT IN CUSTODY.

Hon. Justice Jon Kamanda JA

I agree ................(Hon. Justice S. Bash-Taqi JA)

I agree.................Hon. Justice S. Koroma JA)