THE REPUBLIC v FRANK OBENG
2024
COURT OF APPEAL
GHANA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2024
COURT OF APPEAL
GHANA
AI Generated Summary
The appellant was convicted for the murder of his neighbor after an altercation led to the neighbor's death. The neighbor had asked the appellant for money, which led to an argument. The appellant pushed the neighbor, who became paralyzed and later died. The appellant argued that the trial judge did not direct the jury to consider a manslaughter verdict. On appeal, it was found that the judge failed to properly instruct the jury on the manslaughter alternative, resulting in the conviction being reduced to manslaughter. The appellant was sentenced to 40 years in hard labor.
ANTHONY OPPONG, JA:
The appellant was charged with the offence of murder contrary to section 46 of the Criminal and Other Offences Act, Act 29. He was convicted of the offence by the High Court, Accra, after the jury returned a unanimous guilty verdict on 22 nd November, 2022.
The facts that led to the unfortunate death of the deceased, a young man of about 24 years, Michael Kpabitey, portray an unfortunate situation. I am describing the circumstances that led to the death of the deceased most unfortunate as I think that if there had been the least exercise of patience and restraint, the injury that subsequently resulted in the victim's death could have been avoided.
Both the appellant and the deceased are neighbours in Achimota, a suburb of Accra. They appear even to be in cordial and friendly relationship. The senior brother of the
deceased, one Nash, was a friend of the appellant and based on that relationship, the deceased related to the appellant as his senior brother or should I say the appellant related to the deceased as his junior brother. It is my firm belief that it was in the spirit of this cordial relationship that the deceased asked the appellant to give him money. The account has it that the deceased in asking the appellant for money called the appellant by his first name Frankie like Frankie's colleague would do.
The appellant did not like the fact that the deceased called him by his first name. The appellant felt the deceased calling him by his first name smacked of disrespect. The appellant actually registered his displeasure to the deceased. Perhaps, if the deceased had apologized the situation would not have degenerated to the subsequent events leading to the assault that caused the paralysis of the deceased which subsequently led to the unfortunate loss of the life of the deceased.
There was an altercation between the appellant and the deceased over this matter. The appellant told the deceased that he would not give him any money because he would use the money to indulge in the vices of alcoholism and wee (Indian hemp) smoking and the deceased in turn insulted him. The appellant claimed the deceased even attempted to stab him with a knife but he escaped that attempt by dodging and through the efforts of two brothers of the deceased and his father (PW1) and his sister (PW2), the deceased was held back. Subsequently, the appellant went to the deceased's house and issued a stern warning through the sister of the deceased, Esther Aku