KWAKU ATTAH v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- C. J. HONYENUGA, JA – PRESIDING
- ALHAJI SAED KWAKU GYAN – JA
- G. S. SUURBAAREH – JA
Areas of Law
- Criminal Law
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the conviction and sentence was dismissed, affirming the High Court's findings. The court held that the prosecution provided sufficient evidence, including a confession statement from the appellant, to support the conviction of murder. The grounds of appeal, including issues of alibi and corroboration, were found to be without merit.
JUDGMENT
HONYENUGA, J.A.
This is an appeal against the conviction and sentence by the appellant by the High Court, Cape Coast date the 17th day of May 2012.
The facts as stated by the prosecution was that the deceased, Akua Praba alias Sekina had a child with the accused who lived together at Nkanfoa near Cape Coast in December 2006. She left the house of the accused and went to live with her parents at Assin Ngleshie due to the accused’s persistent maltreatment of her. He followed up to Asssin Ngleshie to settle the problem between himself and the deceased. After two unsuccessful attempts the appellant on 3rd March, 2006 demanded that the deceased return to him the sum of GH¢40.00 which he claimed the deceased had stolen from his room. The accused in the presence of witnesses threatened that if the deceased did not return the alleged stolen amount he, the accused will teach the deceased a lesson.
In the night of 3rd March, 2006, at about 11.00pm whilst the deceased slept in her mother’s room with the other children, accused returned to the house with acid and poured it on the deceased. The deceased sustained severe burns on the face and body and screamed for help. She was rushed to the Central Regional Hospital but she succumbed to the injuries she sustained and died. The accused after pouring the acid on the deceased went into hiding and resurfaced three days later in the house of Ama Akyere at Assin Nkran. The police were alerted and the accused was arrested. After investigations, the accused was charged with the offence of murder.
The appellant pleaded not guilty to the charge of murder but upon trial he was on the 17th day of May, 2012, convicted and sentenced to death. Text Box: “
Being dissatisfied with the judgment of the trial High Court, the appellant filed the instant appeal against his conviction and sentence based upon the following grounds:
i. That his conviction and sentencing is not supportably evidence or facts adduced before the trial
ii. That the trial court erred in law in convicting the accused applicant without taking into consideration his denial of the offence which is contrary to sound legal jurisprudence
iii. That the trial High Court Judge misdirected himself when he allowed the case to go on without allowed the case to go on without considering the alibi as put forward by the accused
iv. That the trial court erred by convicting and sentencing the accused person when his tangible explanations which were not recorded amo