N'DOINJE, BULL, NGORKA and GBONDO v. REGINAM ([node:field-casenumber]) [1967] SLCA 1247 (10 July 1967);

Search Summary: 

Criminal Law-misprision of felony-definition

Criminal Procedure-judge's summing-up-accomplices-judge to direct jury what accomplices are, not rule witness accomplice

 Evidence-accomplices-functions of court-judge to direct jury what accomplices are, jury to find whether witness is accomplice

Evidence-functions of court-confessions-judge to decide admissibility, jury to determine weight and value:

Headnote and Holding: 

A person is guilty of the misdemeanour of misprision of felony if, knowing that a felony has been committed, he fails to disclose his knowledge to the police or a magistrate within a reasonable time and having a reasonable opportunity for so doing (page 208, lines 33-37; page 209, lines 21-27)

In deciding whether a person accused of misprision of felony had reasonable time and opportunity for disclosing his knowledge of the felony, a court may take into consideration evidence that he was afraid to disclose it (page 209, lines 13-18).

It is not for the judge to rule on the question whether a witness is an accomplice, but to direct the jury what kind of persons should be regarded as accomplices, and for the jury to decide whether the witness is in fact an accomplice (page 208, lines 17-21).

Law Report Citation: 
1967-68 ALR S.L. 202 C.A.