KOMBAT EZEKIEL v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI, J.A. (PRESIDING)
- G. TORKORNOO (MRS), J.A.
- A. M. DOMAKYAAREH (MRS.), J.A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal case pertains to a farmer who was convicted by the Circuit Court Ofinso for threatening death against a businesswoman during a dispute over maize, an offense under Section 75 of Act 29/60. His subsequent appeal on the grounds of the sentence being harsh and excessive was dismissed by the High Court, Kumasi, and the conviction and sentence of 5 years imprisonment were affirmed. The court cited that the trial judge adequately accounted for all relevant factors and upheld the sentence as fair and just.
A. M. DOMAKYAAREH (MRS), J. A
1. This is an appeal from the judgment of the High Court, Kumasi dated 21st November 2013. In the said judgment, the High Court affirmed the conviction and sentence of the appellant herein by the Circuit Court Ofinso on a charge of threat of death contrary to Section 75 of Act 29/60.
Facts of the case
2. The facts of the case as deduced from the Record of Appeal are that the complainant is a business woman while the accused, now appellant, is a farmer. They both live at Okrakrom, a farming cottage near Asempanaye. Both the complainant and the accused from time to time send maize and other farm produce to Abofour on market days to sell. On one such occasion on 1st December 2011, a misunderstanding arose between the accused and the complainant over a bag of maize. The misunderstanding arose on account of the fact that the traders normally conveyed their goods to the market on the night of the eve of the market day unaccompanied by them and then on the next day they followed up to the market in the morning for the sales. It so happened that on this particular occasion the maize got mixed up with the appellant’s only bag of maize finding itself among the maize of the complainant. The complainant’s agent took the maize and started selling same before the complainant and the appellant arrived at the market. The appellant traced his bag of maize and found the empty sack at the complainant’s base. The appellant accused the complainant’s agent of stealing his maize and threatened to have him arrested. The complainant said it was a mix up and offered to pay the cost to the appellant. The appellant refused saying the amount offered was not enough and that the complainant should pay the cost of an additional two plastic buckets of maize but the complainant also refused. The complainant later gave the amount she offered to the complainant’s wife at the market. Needless to say that the incident led to a heated argument until they returned to the village in the evening.
3. In the night, the accused took a single-barreled gun, loaded it with a cartridge and threatened to kill the complainant. A witness in the case sensing danger left the village and reported to the Police. The pandemonium caused by the accused’s behavior attracted people to the scene, and with the help of the Unit Committee members around, the gun and two live cartridges were taken away from the accused. Before this, the accused had gone to hide another gun in the bush