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CaseLaw

Darlinton V. FRN (2018) CLR 2(f) (SC)

Judgement delivered on the 23rd of February, 2018

Brief

  • Supreme court
  • Confessional statement
  • Proof beyond reasonable doubt
  • Proof of assertion
  • Proof – Nature of
  • Burden of proof in Criminal cases
  • Conspiracy
  • Bail
  • Obtaining by false pretences
  • Fresh point on appeal
  • Section 1(3) of the Advance Fee Fraud and other Related Offences Act, 2006
  • Section 1(1)(a) of the Advance Fee Fraud and other Related Offences Act, 2006
  • Section 131(1) of the Evidence Act, 2011
  • Section 15 of the Court of Appeal Act, 2004
  • Section 233(1) of the Constitution
  • Section 29 (2) Evidence Act, 2011

Facts

The Appellant was the 2nd accused person at the trial Federal High Court, Benin. He was tried along with two other persons for offences under the Advance Fee Fraud and Other Related Offences Act, 2006. The Appellant was convicted on counts 1, 4 and 5 of the charge. The said counts read thus

  • 1
    That you Aimuamwehi Friday Osareren, Omerede Darlinton and Iyokho Nosa Between the months of May and August, 2008 at Benin City did conspire amongst yourselves to commit felony, to wit: obtaining money by false pretence from one Cynthia Taylor F, an American National and thereby committed an offence contrary to Section 8(a) and punishable under Section 1(3), of the Advance Fee Fraud and other Related Offences Act, 2006.
  • 4
    That you, Aimuamwehi Friday Osareren, Omerede Darlinton and Iyokho Nosa on or about the 25th day of June, 2008 at Intercontinental Bank Plc, Mission Road Branch, Benin City - with intent to defraud did obtain the sum of $1,000 USD from one Cynthia Taylor F, an American National, through western Union Money Transfer under False pretence that the sum of money would be used for the processing of a bank loan in favour of the said Cynthia Taylor, facts which you knew to be false and thereby committed an offence contrary to Section 1(1)(a), and punishable under Section 1(3), of the Advance Fee Fraud and other Related Offences Act, 2006.
  • 5
    That you Aimuamwehi Friday Osareren, Omerede Darlinton and Iyokho Nosa on or about the 2nd day of July, 2008 at Intercontinental Bank Plc, Mission Road, Benin City with intent to defraud, did obtain the sum of $2,320 USD from one Cynthia Taylor 'F', an American National, through Western Union Money Transfer, under the false pretence that the said sum of money would be used for the processing of a bank loan in favour of the said Cynthia Taylor, facts which you knew to be false and thereby committed an offence contrary to Section 1(1)(a), and punishable under Section 1(3), of the Advance Fee Fraud and other Related offences Act, 2006.

The conviction and sentence of the Appellant, imposed by the trial Court, were subsequently on the appeal of the Appellant to the Court of Appeal (the Lower Court) affirmed as his appeal was dismissed: hence this further appeal.

Issues

Whether the respondent/prosecution has proved beyond reasonable doubt the...

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