SAMUEL ENNIN ATTAH v. THE REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- IRENE CHARITY LARBI (MRS.) JA (PRESIDING)
- GEORGINA MENSAH-DATSA (MRS.) JA
- YAW DARKO ASARE JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Georgina Mensah-Datsa JA, with Irene Charity Larbi JA and Yaw Darko Asare JA concurring) reviewed the conviction and sentence arising from a jury trial in the High Court, Cape Coast. The appellant, a 19-year-old former SHS student, was in a relationship with 16-year-old Rebecca Eshun of Winneba. After Rebecca’s early-morning screams, neighbors Sarah Akua Akyere (Sister Akua) and Kofi Opoku found her bleeding outside the appellant’s room; an autopsy later cited massive hemorrhage from a stab wound to the heart. The jury acquitted on murder but convicted of manslaughter, and the trial judge imposed 20 years IHL. On appeal, the respondent sought substitution to murder; the appellant challenged the verdict and sentence. Emphasizing jurors as fact-finders and proper summing-up under Act 30, the court affirmed the manslaughter conviction. Applying section 296(1), Ghana Sentencing Guidelines, and the appellant’s age at offence (19) and remand period, the court reduced the sentence to 15 years and allowed the appeal in part.
GEORGINA MENSAH-DATSA (MRS.) JA
This is an appeal from the judgment of the High Court, Cape Coast dated 22nd February, 2018 which convicted the Appellant of the offence of manslaughter contrary to Section 51 of the Criminal Offences Act, 1960 (Act 29) and sentenced him to 20 years imprisonment IHL.
The Appellant was dissatisfied with the said decision hence this appeal.
The grounds of appeal are as follows:
i. That the judgment cannot be supported having regard to the evidence on record.
ii. That the whole trial is wrong in law.
iii. That the sentence is harsh and excessive.
iv. Additional grounds to be added upon receipt of the full record of proceedings.
The Appellant was tried before a Judge and jury at the High Court, Cape Coast on a charge of murder contrary to Section 46 of Act 29. He pleaded not guilty.
The brief facts of this case as presented by the Prosecution are that the accused is a former Senior High School Student. At the time of the commission of this crime he was 19 years old. The deceased Rebecca Eshun was a student at a Junior High School aged 16 years. The accused and deceased were in relationship and lived at different places in Winneba. On 24/06/2014 at about 5.30am the deceased screaming in pain called out the name of one Sarah Akua Akyere @ Sister Akua, inviting her to come and rescue her. Sister Akua was then in her room with her husband Kofi Opoku. The two came out of their room and saw the deceased lying in a pool of blood in front of the accused’s room. A witness Kofi Opoku asked the accused as to what happened and the accused responded that there was a misunderstanding between him and the deceased. The said Kofi Opoku held the deceased but realized that she was dead. According to the prosecution, after realizing that the deceased was dead, the accused sneaked out of the house with an intention to flee but was arrested by the landlord and others who sent him to the Police Station. During Police investigations, the accused told the Police that it was the deceased who took the knife and whilst the two of them struggled over it the deceased turned and the accused stabbed her at the back. According to the accused, it was after the deceased was stabbed that she rushed outside the room calling out the name of Sister Akua. An autopsy conducted on the body of deceased gave the cause of death as massive hemorrhage, stab wound to the heart. After Police investigation the accused was charged with murder and arraigned in Court.
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