MATHEW KWAME SABBAH v. THE REPUBLIC
2009
SUPREME COURT
GHANA
CORAM
- ATUGUBA, JSC (PRESIDING)
- ANSAH, JSC
- ADINYIRA (MRS), JSC
- ANIN YEBOAH, JSC
- BAFFOE-BONNIE, JSC
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2009
SUPREME COURT
GHANA
CORAM
AI Generated Summary
In this Ghana Supreme Court decision authored by Sophia Adinyira JSC, the Court reviewed an appeal from a Court of Appeal judgment affirming a murder conviction. The appellant, who admitted killing Amegbor Amedorme after a confrontation on Adornukedzi Island, argued that the trial judge misdirected the jury by failing to properly instruct on self-defence and provocation. The Supreme Court agreed the summing-up was inadequate and omitted provocation, but applied the appellate standard asking whether a properly directed reasonable jury would nevertheless convict. Examining sections 32 and 37 of the Criminal Code on self-defence, and sections 52, 53, and 54(1)(d) on provocation, the Court found the appellant inflicted multiple cutlass wounds and decapitated the deceased after the threat had abated, rendering harm not reasonably necessary and excluding provocation. The Court held any misdirection caused no miscarriage of justice, dismissed the appeal, and affirmed the conviction and sentence, with all other Justices concurring.
J U D G M E N T
SOPHIA ADINYIRA (MRS) JSC:
This appeal is against the judgment of the Court of Appeal dated 20 January 2004 which affirmed the conviction and sentence of the appellant for murder. The appellant was tried and convicted together with another person by an Accra High Court upon a verdict of a Jury on 7 August 2001, on charges of conspiracy to commit murder and murder. On appeal, the other person was acquitted and discharged on both counts. The Court of Appeal acquitted the appellant on the conspiracy charge but affirmed the conviction for murder. The appellant accordingly appealed on the sole ground that:
“On the totality of the evidence the trial judge misdirected the jury by non-direction on the defences of provocation and justifiable harm available to the appellant, and the dismissal of the same defences by the Appellate Court occasioned miscarriage of justice to appellant”
The case for the prosecution was that on 21 Jan 1993, the deceased Amegbor Amedorme took John Narteh Amergbor (PW2) to Adornukedzi Island to inspect some palm trees that PW2 wanted to buy to distil akpeteshie. They were accompanied by Andrew Agormedah (PW3). They met the appellant who was fishing. PW3 said he greeted the appellant but he did not respond. On their way back the deceased was in the lead followed by PW2 and then PW3. According to PW2, the appellant emerged from the back of a palm tree and slashed the neck of the deceased with a cutlass and he staggered and fell. The appellant turned on him and he parried the blow and was injured on the 2nd, 3rd, and 4th fingers. The appellant tried to slash his stomach and once again he tried to block the cutlass and he had a cut on his right forearm. PW2 and PW3 fled the scene leaving the deceased behind. His evidence was corroborated by PW3.
The case for the appellant was that the land belonged to his family and he was on it to harvest palm fruits to sell to pay his school fees. His family and the deceased’s family have been litigating over the land. When he saw the deceased and two others he asked them their mission and the deceased who was holding a cutlass slashed him on the wrist and left knee. He became furious so he started brandishing the cutlass he was holding and it cut PW2 on his arm and the neck of the deceased. The deceased fell and the others then fled and he decided to make a report to the police. He saw that the head of the deceased was almost off so he cut it off as he did not want anyone to come for it