Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

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

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.

JUDGMENT