REPUBLIC v. FOSU KWABENA EMMANUEL

On 28 th May, 2025, the Court was informed that negotiations between the Prosecutionand the Accused person on a plea deal had been successful. By the resultingdeal, the, Accused, who had pleaded Not Guilty to the charge of Murder contrary to S. 46of theCriminal and Other Offences Act, 1960, Act 29, had agreed to plead guilty to the offenceof Manslaughter contrary to S.50 of Act 29.

The Accused person has heard the charges read out, and he has duly pleadedGuiltytothe charge of Manslaughter. He has accordingly been convicted on his own plea.

Kwaku Agyeman Badu Jr., lawyer for the Accused Person has addressed the Court inmitigation. He says that the Accused person is not known but finds himself inthissituation only because of an amorous relationship gone wrong. He says that theCourtshould take into consideration where the act causing the death happened, andthecircumstances leading to that. He says that the Accused person did not go pursuingthedeceased, but was on his poultry farm where the deceased and his sister approachedhim in circumstances that led to the flaring of tempers, and unfortunately, intoaphysical altercation; the deceased and his sister against the Accused person. But fortheir approach to the Accused person in his poultry farm, the incident leadingtothedeath would not have occurred. Thus, by the comments of the lawyer for the Accused, when all these circumstances are considered, in addition to the fact of the accusedbeingotherwise law-abiding and gainfully employed, and also having by the plea bargainsaved the Court from a prolonged trial and the man-hours to be spent, he prays that theCourt acts measuredly in the decree of its sentence.

Vivian Yayra Nti Boadu (SA) for the Republic in her reply also mentionedthat thecircumstances of this case, particularly the absence of calculated premeditationonthepart of the Accused person is what caused the Prosecution to be amenable toapleabargain. She however, left sentencing to the discretion of the Court.

A man is dead. He is said to have engaged in a physical fight with the Accused, andinthat situation was stabbed by the accused person. This episode occurred ina poultryfarm owned by the Accused person, and where he was working on the fateful day. Thedeceased, brother of the Accused person’s former girlfriend, found himself thereinthecompany of his sister, as a result of an altercation between the Accused personandthesister of the deceased, Dora Tuffour. So, the milieu is one of an emotionallycharge