Brief of R v Yeboah

Brief of R v Yeboah by Legum

R v. Yeboah [1974] 1 GLR 26

Material Facts:

The accused was found to have been leading a mob and shouting "thief theif" while chasing the victim. The next day, someone was found dead in the direction of the chase. The identity of that person was unknown. The accused was charged with murder.

Issue:

Whether or not the accused caused the death of the victim.

Holding and Ratio:

Even if it could be conceded that the man after whom the accused led the crowd in hot pursuit, was the same man who was subsequently found unconscious, there was still no evidence connecting the accused with his death. If a crowd of people chased after a man in the belief that he was a thief, and he was battered to death, but there was no evidence which person or persons inflicted the blows or that they were acting in concert, a charge of murder could not hold against any of them.

Comment:

Essentially, this case upheld the principle that unless it can be shown that the accused, through his acts, caused harm to the victim, he cannot be found guilty of the harm.