STATE v. KOFIE

Thomas Albert Kofie was indicted for manslaughter by negligence under section 50 of the Criminal Code, 1960 (Act 29), alleging that at Asankrangwa in the Western Region on 15 December 1961 he caused the death of Yaa Afoah by unlawful harm. The evidentiary basis described was that Kofie administered a penicillin injection to Afoah and that her death followed that injection. The State Attorney asserted the indictment adhered to the statutory form in section 201 of the Criminal Procedure Code, 1960 (Act 30). Charles, J acknowledged the statutory conformity but emphasized that in manslaughter due to criminal negligence, prosecutors should provide particulars of the precise nature of the negligence alleged. In doing so, the court followed Sarpong v. Regina (1957, unreported) and approved R. v. Samuel Abengowe (1936) 3 W.A.C.A. 85. The judgment highlights the primacy of fair notice and specificity in criminal pleadings, even when statutory forms exist.