REGINA v. GYAMFI
1960
COURT OF APPEAL
GHANA
CORAM
- VAN LARE J.A.
- GRANVILLE SHARP J.A.
- AND SARKODEE-ADOO
- J
Areas of Law
- Criminal Law and Procedure
- Evidence Law
1960
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Kwabena Adu Gyamfi was accused of murdering Kwabena Oppong by throwing a stone at him. The trial judge found Gyamfi guilty of murder, but the appellant argued on several grounds, including inadequate proof and improper instructions on intent. The appellate court found the trial judge's handling of the case lacked critical analysis, particularly in distinguishing between murder and manslaughter. The conviction for murder was quashed and substituted with a conviction for manslaughter, resulting in a sentence of five years imprisonment.
Granville Sharp, J.A. read the judgment of the court. (After referring the facts he continued).
The appellant in evidence began by denying that he was ever at Badu on the day of the incident, or that he was in any way responsible for the death of Oppong. The relevant passage in the record is as follows:-
"ACCUSED: KWABENA ADU GYAMFI: S.O.B. in Twi through E.K. Obeng (Interpreter)
“I am a farmer and live at Badu. I did not murder Kwabena Oppong. I did not throw any stone at Kwabena Oppong. I was not there at all. I never led U.P. group on that day. On the eve of Wenchi bye-election I was in the village of Bepoyase. I went there to give a Polling Agent's Card to our representative. I am a member of U.P.
“Court calls on counsel for accused to furnish notice to the prosecution of particulars of alibi within 2 days as required, by section 131 (1) of Cap. 10.”
“Counsel for defence states accused does not intend to furnish particulars, as the defence no longer wishes to pursue that line of defence.”
“Court rules that case must proceed.”
The appellant then proceeded to assert that he knew nothing about the case, and that he did not know what had caused his arrest. He said that the evidence against him was false, and had been concocted by the [p.47] witnesses, who were all relatives of the Krontihene, with whom he was in dispute as to the right of the Chief to occupy the Stool. He said that all these witnesses lived in the same house with the Krontihene. In answer to the third assessor he said, "This charge has been framed against me because of a letter which I took to Accra against the Chief. I was kept in prison because the Chief does not wish to be destooled. The Elders are illiterate—I am the only one who is literate and that is why this charge has been preferred against me." Some of the prosecution witnesses having said that at material times he was wearing a red shirt and khaki shorts, he said: "I have witnesses who will come to Court to say that on the 5th October, 1959, 1 was wearing a pair of trousers and a white shirt", that on that day he had gone to Bepoyase, and that it was later that he had heard that United Party supporters on the date in question had been throwing stones at Badu. Thus, having abandoned his defence of alibi in the formal sense, he persisted in it. He did not, however, call any of the witnesses to whom he had referred (or indeed any other witness), but rested his case upon his own evidence.
There was evidence on the part of