KWASI REINDORF v. REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
- A. B. POKU-ACHEAMPONG, J. A.
- S. K. A. ASIEDU, J. A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, constituted by Justices A. B. Poku-Acheampong (authoring), A. M. Domakyaareh (Mrs), and S. K. A. Asiedu, reviewed Kwasi Reindorfs appeal from his High Court (Kumasi) jury conviction for the murder of Akwasi Agyakwa alias King. The incident occurred at Bomfa-Achiase on 30 December 2011, when Reindorf confronted Agyakwa, escalated a confrontation, and stabbed him; an eyewitness (PW2) described Reindorf holding a cutlass and then stabbing with a knife, while Reindorf claimed self-defence against a local gang led by Teacher. Pathologist PW4 opined the injuries were caused by an object in the cutlass range and the death resulted from haemorrhagic shock. The court set out principles of summing-up and proof beyond reasonable doubt, held that the trial judges summing-up effectively addressed the burden of proof, murder elements, self-defence, and provocation, and found intention could be inferred from Reindorfs words and actions. Distinguishing cited cases, the court affirmed that the identity of the exact weapon was not an ingredient of murder and that death by hanging is mandated by statute. The appeal was dismissed.
JUDGMENT
POKU-ACHEAMPONG, J.A.:
This is an appeal against the summing up and thus the judgment of the High Court Kumasi dated 18th July 2016.
Kwasi Reindorf the Appellant was charged with the offence of murder contrary to section 46 of the Criminal Offences Act, 1960, Act 29. The particulars of offence are that on the 30th day of December, 2011 at Bomfa-Achiase in the Ashanti Region he intentionally caused the death of Akwasi Agyakwa by unlawful harm.
Facts:
The Appellant was a trader who owned a provision shop at Bomfa-Achiase in Asante Akyem where he lived. The deceased also lived at Bomfa-Achiase in the Ashanti Region.
On the 30th of December, 2011 the Appellant engaged in an unlawful fight with the deceased and stabbed him.
On the day of the incident a witness in the case had gone to the Appellant at his shop to talk about Appellant’s conduct in the Bomfa-Achiase town when the deceased walked by the shop. The Appellant then shouted or exclaimed “it is you I am looking for”. The deceased then responded that “if I am the one you are looking for then come.” Appellant challenged the deceased to a fight and before the deceased could respond the Appellant pounced on him and stabbed him.
An eye witness to the incident PW2 testified that the Appellant used a cutlass to inflict the wounds. The Appellant on his part claimed that he used a knife to stab the deceased. The deceased bled profusely and was rushed to the hospital by witnesses to the incident. He was pronounced dead on arrival. A mob gathered and attempted to lynch the Appellant. He was rescued by some Unit Committee members of the Bomfa-Achiase town who had been called to the scene of the incident. The mob however caused damage to the shop of the Appellant. The Appellant was handed over to the Police together with the knife he allegedly used to stab the deceased.
Appellant on his part admitted stabbing the deceased but said he did so in self defence. Appellant claims that he and his wife Rebecca and his two year old son were attacked at his shop on that day by a gang in the town known as Al-Qaeda led by their gang leader John Kofi Asare popularly called “Teacher”. The gang which was violent and held offensive weapons including machetes, subjected him the Appellant and his family to vicious attacks and assaults.
According to Appellant, Akwasi Agyakwa alias King, the deceased suffered his untimely death during the activities of the gang which took place in darkness after the gang had disconnec