Sowah J.A. delivered the ‘majority judgment of the court. The appellant in this case was charged with unlawfully causing abortion on one Christiana Mensa. The jury found him guilty of an attempt to cause abortion and he was then given the mandatory penalty of ten years' imprisonment with hard labour.
The facts of this case are as follows: The victim, Christiana Mensa, the first prosecution witness, found herself expecting a baby by her boy friend whom she described as a schoolboy and who was incapable of sustaining and maintaining a child if delivered. She therefore conceived of the idea of terminating the pregnancy. The name of the appellant was mentioned to her and she sought him out. Before then, she had discussed her intentions with a friend, Miss Georgina Owusu Afriyie, an office assistant at the Ministry of Agriculture, Koforidua, the sixth prosecution witness, who expressed her fears about the course of conduct proposed and endeavoured unsuccessfully, to dissuade her from embarking upon it. Upon her persuasion, however, Miss Owusu Afriyie accompanied her to the appellant's house.
Both girls agreed that the appellant demanded the sum of £G10 for his services. In view of counsel's argument before us, it is necessary to refer to some pieces of evidence on this issue. Miss Mensa stated: "He agreed and said he would charge £G12, we begged him and he reduced his charge to £G10." Miss Owusu Afriyie put it this way: "Mr. Obeng said he would charge £G12. After discussion, it was reduced to £G10." Miss Mensa then was given four injections by the appellant. After the last injection, she attempted to stay the night with her friend Miss Owusu Afriyie, but the latter refused and took her back to the appellant, informing the appellant of her reasons for so doing. The evidence shows that the appellant received Miss Mensa and arranged with a former girl friend, a Miss Ama Owusuah, the second prosecution witness, to put her up for the night and told her the reasons for his request, namely, that he had given injections to Miss Mensa which he expected would end her pregnancy. It was during the night that Miss Mensa started bleeding profusely. Her hostess took fright and consulted with her grandmother who lived with her, and, upon her advice, the police were contacted to convey Miss Mensa to hospital.
It appears that the doctor who attended upon her was not informed about the injections. He stated:
“When I examined Christiana Mensa I found that in her particular cas
