ODONKOR v. THE REPUBLIC

Azu Crabbe J.A., writing for the Court of Appeal, addressed an incident at Lennards Shoe Company in Accra where a dispute after a company party culminated in the appellant biting part of the complainant’s nose. The appellant was summarily convicted in the Circuit Court for causing harm under section 69 of the Criminal Code (Act 29) and received one day’s imprisonment and a £G100 fine (or twelve months), with £G75 compensation. On appeal, the High Court maintained the conviction but, deeming the conduct serious and disgraceful, enhanced the sentence to two years’ imprisonment with hard labour. The Court of Appeal dismissed the appeal against conviction, noting concurrent findings of fact by the lower courts and no basis to interfere. However, it allowed the appeal against sentence, holding that appellate enhancement requires adherence to well-settled principles and, crucially, compliance with audi alteram partem. Because the Republic had not sought enhancement and the appellant was not heard on sentence, and given the medical report’s superficial harm and lack of aggravation, the Court restored the original sentence.