THE REPUBLIC v. YAW BOAKYE
1999
SUPREME COURT
GHANA
CORAM
- Edward Wiredu, J.S.C.(Presiding)
- Mrs. J Bamford-Addo, J.S.C.
- Kpegah, J.S.C.
- Adjabeng, J.S.C.
- Ms. Akuffo, J.S.C
Areas of Law
- Criminal Law and Procedure
- Evidence Law
1999
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Mrs. J. Bamford‑Addo J.S.C., dismissed the appellant’s further appeal and affirmed the Court of Appeal’s decision upholding the Ashanti Regional Public Tribunal’s conviction for murder under section 46 of the Criminal Code, 1960 (Act 29). The prosecution’s eyewitnesses—friends of the deceased, Yaw Boateng—testified that after an initial quarrel and separation, the appellant went to his house, retrieved a knife, chased the group towards Kwadaso, and stabbed Boateng in the chest; he died while being taken to Komfo Anokye Teaching Hospital. The post‑mortem recorded a deep, penetrating wound to the anterior heart. Rejecting the appellant’s claim of self‑defence and provocation, the majority held there was no imminent danger, sufficient time had passed after separation, and intent to kill or cause grievous harm was established. Justice Adjabeng concurred. Justice Sophia A.B. Akuffo dissented, joined by Presiding Justice Edward Wiredu, finding misdirection and evidentiary gaps.
MRS. J. BAMFORD-ADDO, J.S.C.:
This is an appeal from the Judgment of the Court of Appeal which up held the judgment of the Regional Public Tribunal convicting Appellant on a change of Murder, contrary to section 46 of the criminal code 1960 Act 29. The facts according to the Prosecution are that the Appellant and the deceased engaged in a fight but were separated. The Appellant was alleged to have gone to his house nearly to pick a knife with which he chased deceased and stabbed him resulting in his death. The defence case however was that a quarrel ensued between the Accused and some boys including deceased near Appellant's house. He alleged that he was pushed down, stamped upon and beaten with sticks by the boys and as a result sustained injuries. He said while he was being beaten he fell on an object which he picked up and in self defence stabbed the deceased resulting in his death. He said the fight was never separated before he injured the deceased and denied going home after the alleged separation to pick a knife with which he stabbed deceased.
After hearing evidence the Regional Public Tribunal on August 9th 1991 convicted Appellant for murder and sentenced him to death by firing squad. Dissatisfied by his conviction Appellant appealed to the Court of Appeal which dismissed the appeal in February 1995.
The Accused has now appealed to this court on the ground that:
"The judgment cannot be supported having regard to the evidence on record."
For Appellant it was submitted that since an accused is presumed innocent until his guilt is proved the prosecution had a duty to prove his guilt beyond reasonable doubt. That in this case prosecution failed to satisfy the stated burden of proof and further that sufficient doubt was created in the facts, the benefit of which should have been given to the accused.
The defence of Accused was one of self defence and having regard to the evidence, provocation. It is not doubted that it was the accused who caused the injury to deceased leading to his death with a sharp instrument. In support of the prosecution case three witnesses were called, all friends of deceased who were with him at the time of the fight. According to their evidence the accused fought with the deceased and the two were separated. After the separation Appellant went home to pick a knife and while the deceased and his friends were going away from the scene of the fight they heard shouts warning them to run because accused was chasing them with