Try asking the following...
Try asking the following...
January 29, 1976
HIGH COURT
GHANA
CORAM
JUDGMENT OF MENSA BOISON
The accused has been in custody since his arrest on 27 June 1975. He is 68 years old and now complains of ill-health as a result of his detention in custody. So he applies for bail pending the determination of this case. The trial would have started today but his counsel, who is absent on some engagement in Accra, has asked for an adjournment. The accused was unaware of the absence of his counsel, and has stated that as he is unable to conduct his defence himself he would support the application for adjournment.
The offence charged is attempted murder of his wife. In resisting the application, Mr. Osei contends that by the Criminal Procedure Code, 1960 (Act 30), s. 96 as amended by the Criminal Procedure Code (Amendment) Decree, 1975 (N.R.C.D. 309), s. 2 there is a mandatory prohibition against a court granting bail in respect of certain offences including murder. He contends that the offence of attempted murder is included in the offence of murder as the ingredients of that offence, save the fact of death, are the same as those of murder.
I agree that Act 30, s. 96 as amended prohibits the grant of bail where the accused is charged with the offence of murder; but I do not agree that the offence of attempted murder is thus included in the prohibition. I am inclined to this view because while the one is a capital offence, attempted murder is not. The sentence is for life, which may, depending on the circumstances, be stated in terms of years certain.
Attempts have been made to codify in Act 30, s. 96 as amended by N.R.C.D. 309, s. 2 the considerations at common law for the granting of bail. I have taken these into consideration. The most telling factor in this [p.272] application is whether this sort of offence is of a repetitive nature and whether the accused would appear to stand for his trial. At 68 this accused must have regretted his act already and it is unlikely he will go back to complete the offence he attempted as contended by counsel for the Republic in opposition.
The accused on 18 November 1975, when this case came on for hearing complained of ill-health. He does still complain and I think his appearance reveals a state of emaciation. He gives his word he will live at his real home town which is Duayaw-Nkwanta and not at his village where he attempted to kill the wife and where the wife still lives. He impresses me as a person who will stand by his word. There is the other factor that this case may not be taken t
AI Generated Summary
Justice Mensa Boison determined a bail application for a 68-year-old accused detained since 27 June 1975 and charged with attempting to murder his wife. The prosecution, represented by Mr. Osei, opposed bail by invoking section 96 of the Criminal Procedure Code (Act 30) as amended by NRCD 309, claiming a mandatory prohibition on bail for murder that should encompass attempted murder. The judge rejected that view, emphasizing the distinction that murder is a capital offence while attempted murder is not. Applying codified common law bail principles, he focused on whether the offence was likely to be repeated and whether the accused would appear, noting the accused’s ill-health, emaciation, and his undertaking to reside in Duayaw-Nkwanta away from the complainant and to report weekly. Given the anticipated delay until March 1976, the court granted bail of a31,500 with two sureties and weekly reporting to the Duayaw-Nkwanta police.