DANSO v. THE REPUBLIC
1989
COURT OF APPEAL
GHANA
CORAM
- OSEI-HWERE
- AMPIAH
- ESSIEM JJ.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
1989
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Essiem J.A., writing for the Court of Appeal, reviewed a murder conviction of appellant Kwadwo Danso arising from the death of Kweku Danso, whose body was found near a river on the third prosecution witness’s farm two days after the men were at a palm wine bar in Sefwi Domi. The prosecution relied wholly on circumstantial evidence that the two left the bar along the same bush path and that the appellant first discovered the body. Applying the stringent standards for circumstantial proof and the burden rules on alibi, the court found no sufficient evidence linking the appellant to the death, noted uncertainty about the time and cause of death and possible sightings of the deceased on Sunday, and held the trial judge misdirected the jury by non-direction. The appeal was allowed.
JUDGMENT OF ESSIEM J.A.
On 31 January 1981, it is alleged, the appellant went to a palm wine bar at Sefwi Domi to drink palm wine. He met some others at the bar. Later, one Kweku Danso, now deceased, also went to the same bar to have a drink. What is relevant to this case is what he happened after the drink. It is the case of the prosecution that the appellant and the late Kweku Danso left the bar together and took the same path home. This was on 31 January 1981, a Saturday. The uncontroverted evidence is that on Monday, 2 February 1981 Kweku Danso was found dead. His dead body was found in a shallow stream which runs through the farm of the third prosecution witness. The first person who saw the dead body was the appellant.
After the discovery of the body those who were with the deceased at the bar on Saturday, 31 January 1981 were arrested and subsequently the appellant was charged with the offence of murder contrary to section 46 of the Criminal code, 1960 (Act 29).
The particulars of the offence were as follows: "Kwadwo Danso, on or about 31 January 1981 at Domi, intentionally and unlawfully caused the death of Kweku Danso." I need hardly say that the prosecution's case is based on circumstantial evidence. Their case is that the facts I have narrated earlier in this judgment point to the fact that it was the accused who caused the death of the late Kweku Danso. However, the accused, both in his statement to the police and in his evidence before the court, denied any knowledge of the murder.
At the close of the case for the prosecution, counsel for the appellant made a submission of no case but this was overruled and the appellant was called upon to open his defence. At the end of the case for the defence and addresses of counsel, the trial judge summed up the evidence to the jury. Eventually the jury returned a verdict of guilty of murder against the appellant and he was sentenced accordingly as provided for by law.
He now appeals to this court. The grounds of appeal were:
"(a) The verdict is unreasonable and cannot be supported having regard to the evidence adduced.
(b) The learned trial judge erred in not withdrawing the case from the jury when at the end of the prosecution's case the prosecution had failed to prove the essential ingredients of the offence charged.
(c) The learned trial judge intimidated the jury during the cause of the trial by threatening them thus:
'Listen carefully so that you do not bring back any hopeless verdict. If y