GABRIEL KWAO BOSO v. THE REPUBLIC
February 4, 2009
SUPREME COURT
GHANA
CORAM
- WOOD C.J, (PRESIDING)
- BROBBEY, JSC
- ANSAH, JSC
- ANIN YEBOAH, JSC
- BAFFOE-BONNIE, JSC
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
February 4, 2009
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Wood CJ, affirmed the Court of Appeal’s substitution of the appellant’s murder conviction with manslaughter and enhanced the sentence from 15 to 21 years with hard labour. The appellant, a Principal Medical Assistant at the Nakpanduri Health Centre, admitted injecting Debora Biggor with ergometrin and oxytocin and later dismembered and disposed of her body, destroying vital organs essential for autopsy. He led police to a manhole and pit containing roughly 150 pieces of flesh and bones. Applying the principle from R v. Onufrejczyk, the Court held that circumstantial evidence can establish the fact and cause of death even without a body or organs, and agreed with the Court of Appeal that intent to kill was not proven. On sentencing, the Court found non-compliance with Article 14(6) by the Court of Appeal, accounted for 1 year 3 months of pretrial custody, but imposed 21 years given the appellant’s gruesome post-mortem conduct and lack of mitigation.
J U D G M E N T
WOOD, (MRS) CJ:-
Brief Facts
On the 21st of January, 2009, we affirmed the decision of the Court of Appeal which substituted the appellant’s murder conviction for manslaughter. Furthermore, we enhanced the sentence of 15 years imposed on him to 21 years with hard labour and reserved our reasons. We now assign our reasons for those decisions that we took.
The appellant appeared at the jury trial in the High Court Tamale, as the 1st Accused, was convicted with one other person for the murder of one Debora Biggor and sentenced to death, for conspiracy to murder and murder. On appeal, the Court of Appeal substituted his conviction of murder with manslaughter and imposed a sentence of 15 years with hard labour. It is from this decision of the Court of Appeal that the Appellant, has appealed to this court against both conviction and sentence on the following original and additional grounds, four in all.
GROUNDS OF APPEAL
The Court of Appeal erred by convicting the Appellant for manslaughter when there is no evidence that he was responsible for the death of Debora Bigoor.
The Court of Appeal erred by not acquitting and discharging the Accused person (appellant herein) when the evidence on record is that he mutilated the corpse of Debora Bigoor which act cannot constitute manslaughter.
Sentence is excessive in view of the offence
The sentence did not take effect from the date of offence.
The deceased, who the appellant alleges was pregnant, visited the appellant, a Principal Medical Assistant in his bungalow at the Nakpanduri Health Centre on the 22nd of December 2000 complaining of abdominal bleeding. According to him, in order to stop the bleeding, he injected her with ergometrin and oxytocin and asked that she rest in his room until she felt better to go home.
The evidence however also reveals that the other person with whom the accused was charged with the two offences, and who was alleged to have invited the deceased out on that fateful night, which allegation he vehemently denied, rather found the Debora’s corpse on the bed of the 1st accused covered with a blanket. Alarmed at this discovery, and as a result of the close relationship between the two of them, he hired a motor bike and chased the appellant to Gambaga whereupon on being informed of his discovery, the Appellant promised to take care of the mess. The Appellant however did not report the case to the Police as promised, which compelled the 2nd accused to report to the chi