Kofi Abban and 1 Ors v. The Republic
2016
COURT OF APPEAL
GHANA
CORAM
- Honyenuga, J.A. (Presiding)
- Gyan, J.A.
- Suurbaareh, J.A.
Areas of Law
- Criminal Law and Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellants were originally convicted of manslaughter and sentenced to 30 years imprisonment after an altercation involving the death of a landlord. They appealed against the conviction and sentence, arguing the jury's verdict was erroneous and the sentence harsh. The appellate court noted that the record of appeal was incomplete, with essential parts missing, making review difficult. The court referred to the principles established in the case of John Bonuah @ Eric Annor Blay vrs The Republic, emphasizing the need for reconstruction of lost records. Ultimately, the appeal against conviction was dismissed, but the sentence was reduced from 30 years to 15 years, recognizing the appellants had already served over 16 years in prison.
HONYENUGA, J. A. The appellants were charged and tried by the High Court, Sekondi, of the offences of conspiracy to commit murder contrary to sections 23 and 46 and murder contrary to section 46 of Act 29/60. The appellants were convicted of the lesser offence of manslaughter on the 27th July 2000 and each was sentenced to 30years IHL.
The facts of the case on which the trial was mounted was that the deceased John Kwadwo Yalley alias Akordialey was a 55 year old man who was the landlord of the 2nd convict Amaana Abada now deceased, at Apremdo.
The deceased convict was fond of drinking and anytime he became intoxicated, he insulted his deceased landlord and his wife without any reason.
The landlord therefore gave a notice to quit but this notice worsened matters.
On the 28th March 1997 at about 9pm, the deceased convict continued with his insults of his landlord and the wife after having been heavily drunk.
The landlord and his wife then went to bed but at about 9. 30pm that night, the landlord’s wife went to fetch her chamber pot, the deceased convict accosted her in the darkness and pulled her into his room and started beating her.
The landlord’s wife raised alarm which attracted her husband who came to her rescue.
An old woman called Efua Essoun shouted that the deceased landlord was beating the deceased convict.
As a result of her shouts, the appellants were attracted to the scene.
The two appellants then assisted the deceased convict to beat the deceased landlord severely.
Two days later, the deceased landlord complained of bodily pains and he was rushed to the Effia Nkwanta Hospital where he died on admission.
A post mortem conducted on his body revealed that the deceased died of “left ventricular failure”. The appellants were convicted of the lesser offence of manslaughter and were each sentenced to 30 years IHL.
Being dissatisfied with the appellants sought leave and filed the instant appeal against their conviction and sentence on the basis that: -“1. The jury erred when it returned a verdict of manslaughter against the appellants.
2. That the sentence of 30 years imposed on the appellants is harsh”. Before I consider the grounds of appeal, it must be noted that the instant record of appeal is not complete.
The record of appeal contained the Bill of Indictment and the summary of evidence, the statements of the 1st appellant, the deceased convict, the 2nd appellant, the decision in the committal proceedings from the District Court or