Bala & Ors, R v

Bala & Ors, R v

The exemption from conspiracy liability under s.2(2) Criminal Law Act 1977 applies only to spouses under marriages recognised by English law; as Dr Bala was domiciled in the UK at the time of his polygamous marriage to Mrs Bala-Tonglele, the marriage was void under English law and they were not 'spouses' for the purposes of s.2(2); the judge was entitled not to leave the issue of domicile to the jury; evidence of previous acquittals was irrelevant and properly excluded; convictions are safe.

Parties
Respondent: R; Appellant/applicant: Yilkyes Finok Bala; Appellant/applicant: Giwo Bala-Tonglele; Appellant/applicant: Casmir Ekwugha
Jurisdiction
England and Wales
Judgment Date
10 May 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal and Renewed Applications
Outcome
Appeals and renewed applications dismissed; convictions upheld.
Legal Topics
Conspiracy, Recognition of Polygamous Marriages, Domicile, Competence and Compellability of Witnesses, Evidence of Acquittals, Immigration Offences
Criminal Law Family Law Immigration Law Conspiracy Recognition of Polygamous Marriages Domicile Competence and Compellability of Witnesses Evidence of Acquittals +1 more

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Parties

R

Respondent

Yilkyes Finok Bala

Appellant/applicant

Giwo Bala-Tonglele

Appellant/applicant

Casmir Ekwugha

Appellant/applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal and Renewed Applications

Legal Issues

  1. 1 Whether parties to a polygamous marriage are 'spouses' for purposes of s.2(2) Criminal Law Act 1977
  2. 2 Whether the issue of domicile should have been left to the jury
  3. 3 Admissibility of evidence of previous acquittals at retrial

Ratio Decidendi

The exemption from conspiracy liability under s.2(2) Criminal Law Act 1977 applies only to spouses under marriages recognised by English law; as Dr Bala was domiciled in the UK at the time of his polygamous marriage to Mrs Bala-Tonglele, the marriage was void under English law and they were not 'spouses' for the purposes of s.2(2); the judge was entitled not to leave the issue of domicile to the jury; evidence of previous acquittals was irrelevant and properly excluded; convictions are safe.

Court Disposition

Appeals and renewed applications dismissed; convictions upheld.

Orders

  • Appeals of Dr Bala and Mrs Bala-Tonglele dismissed.
  • Renewed applications of Dr Bala, Mrs Bala-Tonglele and Mr Ekwugha dismissed.