HAMZA IBRAHIM v. THE REPUBLIC
2016
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law
- Sentencing
- Self Defence
- Justifiable Force
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appeal against conviction is refused, but the appeal against the sentence is allowed. The ten years I.H.L. sentence is reduced to four years imprisonment with hard labour.
JUDGMENT
The Appellant herein was arraigned before the Circuit Court, Kumasi on a charge of causing unlawful harm contrary to section 60 of the Criminal and Other Offences Act, 1960, Act 29. The particulars of offence were that he intentionally and unlawfully caused harm to one Awudu Issaka.
He pleaded not guilty to this charge and after a full trial, he was convicted and sentenced to 10 years imprisonment with hard labour. Aggrieved by the said conviction and sentence, the appellant brought the instant appeal to set aside the said conviction and sentence.
GROUNDS OF APPEAL.
The Judgment is against the weight of the evidence on record
The Learned Judge failed to give weight to the statutory defence of self defence as alleged by the Prisoner.
BACKGROUND FACTS
The facts are quite simple and straight forward. At about 7:00pm on 28/05/2013, a misunderstanding ensued between the Appellant and the Complainant at Adukrom but the same was brought under control by onlookers. Not satisfied with the turn of events, the appellant went home , brought out a sharp cutlass , engaged the Complainant in a fight during which he inflicted deep multiple wounds on the Complainant's neck, head, left leg and his five fingers. The Appellant was the first to lodge a complaint at the police Station when the complainant was in a coma and had been admitted at the Komfo Anokye Teaching Hospital, Kumasi. The Appellant was later arrested on 05/06/13 and he admitted the offence in his caution statement.
I must say that Counsel for the Appellant and the Learned Assistant State Attorney for the Republic failed to file their respective written submissions as ordered by the court on 04/11/2015. I will therefore proceed to peruse the record of proceedings to determine this appeal.
The first ground of appeal was not properly formulated. The proper rendition ought to be " The verdict is unreasonable having regard to the evidence". Under his ground of appeal, the Court is enjoined to look at the evidence as a whole to see if the trial judge adequately evaluated the evidence on record before making a finding that the prosecution had proved a case of causing unlawful harm against the Appellant.
What are the elements which constitute the offence of unlawful harm? This can be ascertained from the plain meaning of section 69 of the Criminal and other Offences Act, 1960, Act 29 which states:
“A person who intentionally and unlawfully causes harm to any other person causes a second degree fel