KWAKU GYAMFI alias KWAKU PROTOA v. THE REPUBLIC

The Convict/Appellant (hereafter referred to as Appellant) was sentenced to a termofimprisonment of 4 years having been found guilty of the offence of Threat of Death, contrary to Sec. 75 of the Criminal and Other Offences Act, 1960, Act 29 by the CircuitCourt, Goaso, on 20 th October, 2023 (Coram: H/H Charles Kwasi Acheampong).

Upon a successful application for extension of time to appeal, he filed on 18th July, 2024a Notice of Appeal in which he set down two grounds of appeal, to wit:

a. That the sentence was harsh and excessive having regard to the circumstances of the case; and

b. That the conviction cannot be supported having regards to the circumstances of the case.

The facts on which the case is based are as follows.

One Adwoa Brenya, now late is said to have entered into a customary farmingtenancyagreement (abunu) with the Complainant. She advanced to hima portionof landtofarm with cocoa, and on maturity, as was the case with such arrangements, thefarmwas to be shared equally between Adwoa Brenya and the Complainant. This was done, but incurred the displeasure of the Appellant. A dispute arising was placedbeforetheChief of Kwapong to resolve. It led to the Complainant being asked to take possessionof his share of the land pursuant to the agreement with Adwoa Brenya. However, on19 th November, 2020 at around 9.30am, the Appellant is said to have gone totheresidence of the Complainant at Afodowa and told him that if he entered the cocoafarmagain he would shoot to kill him. Again around 3.30pm on the same day, the Appellantis said to have gone to the office of the Complainant at PBC, Sankore and threatenedtokill him. He is said to have left and later returned with a cutlass in hand, uponwhichthe Complainant was asked to leave the scene. He therefore lodged a complaint withthe Police and the Appellant was accordingly arrested and processedfor theprosecution that led to his conviction.

In finding that the offence of threat of death had been established by the Prosecution, the trial judge spoke as follows:

*The fact that accused person wielded a cutlass while he made the threat in questioncertainly had the tendency of putting complainant in fear of death. In fact, mere words alone, has been held to be suf icient to put one in fear of death, howmuchmore wiled (sic) a cutlass while uttering such unwholesome words. [see: PattersonAhenkang & 2 Ors. Vrs. The Republic (2014) JELR 68267 (CA)].