AKORFUL v. THE STATE

JUDGMENT OF CRABBE J.S.C.

Crabbe J.S.C. delivered the judgment of the court. The appellant was convicted before Sowah J., sitting with a jury in the Criminal Sessions at Cape Coast on the 30th November, 1962. The offence charged against him was that he, on the 29th September, 1962, at Essiam in the Central Region, murdered one Kofi Buabeng.

It was not disputed that the death of the deceased was caused by the act of the appellant, and the sole issue at the trial was whether the killing was intentional.

The appellant was the only eye-witness and after he had surrendered himself to the police on the same day he made the following statement:

"Today at about 1.00 a.m. I heard my dog barking. I woke up and heard someone trying to force open my window. I got up, took my gun and went out; but I did not see anybody, I went to the street and stood near Kojo Abiri's store. I was there when I saw someone coming from the direction of the latrine. I challenged the party as to whom he was, but the party did not answer. I challenged him again, but the party did not answer again. I, therefore, shot at the party. The man started screaming. I questioned him and he said it was he Kofi Buabeng. I asked him where he was going at this hour but he did not answer me. I was there when someone whom I could [p.374] not identify came and I left for my house. I later went to Local Authority Police Station at Nkwantanum and reported the matter to the police."

The appellant's evidence in examination-in-chief was, as appears to this court, an elaboration of his earlier statement to the police. He said,

"When I came out of my house I saw something very dark and I shouted 'Agoo'­ Agoo' or 'Who are you­Who are you.' I thought the object was a thief. It was dark and so I shot my gun to scare the person away. I did not know whom I was shooting. When the gun fired, I heard somebody screaming. I rushed there and it was my brother-in-law."

In a summing-up to the jury which, with respect to the learned trail judge, appears to us to be not only perfunctory but seriously defective in several respects, the jury were directed on the cardinal issue of intention in a manner as contained in the learned judge's notes as follows:

"Explains intention, informing them that the test is objective. The jury will have to consider the explanations given by the accused along with other facts brought before them. Intention as far as the courts are concerned is inferred from one's conduct or action. Explain