AKOM v. THE STATE

Kwasi Akom appealed to the Supreme Court of Ghana from his conviction for the murder of his aunt, Akua Akyia, following a High Court jury trial in Kumasi presided by Attoh J. The prosecution’s eyewitnesses testified that, during post-funeral music at Kwame Krah’s house in Danso village, Akom suddenly sat on Akyia and cut her throat with a razor. Akom admitted causing the fatal injury but claimed he was being assaulted by Kofi Dwumfuoh and others, mistakenly grabbed what he thought was a lighter, and accidentally slashed Akyia while brandishing it to fend off attackers. Lassey J.S.C., delivering judgment of the court, found multiple misdirections in the trial judge’s summing-up, especially the faulty equation of unlawful harm with murder, the inaccurate directions on provocation under section 56 of Act 29, and a confusing self-defence instruction that suggested manslaughter rather than acquittal. Although the court considered the burden-of-proof directions largely adequate and the evidence of intentional killing strong, it concluded that the cumulative irregularities caused a miscarriage of justice. The court allowed the appeal, quashed the murder conviction, and substituted manslaughter with a seven-year sentence.