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JUDGMENT
The 1st accused person, Kwadwo Assuah, is charged with the offence of negligently causing harm
contrary to section 72 of the Criminal Offences Act, 1960 (Act 29).
The 2nd accused person, Kwabena Nkrumah @ Bantama is charged with the offence of possession
of arms and ammunition without authority contrary to Section 11 @ of the Arms and Ammunition
Act, 1992 (N.R.C.D 9)
The facts of the case are that the complainant Rev. Father Boniface Owusu Asante is the Roman
Catholic Priest at St, Francis of Assisi Parish Sefwi Amoaya, and both the 1st and the 2nd accused
persons are farmers who also live at Sefwi Amoaya. That on the 23rd August, 2021, the
complainant engaged the services of Yaw Clement now deceased to tile his mission house. In the
evening about 5:00pm, Yaw Clement went to the nearby bush about 200 meters to attend nature’s
call. The 1st accused went on a hunting expedition at the same location where Yaw Clement was
attending nature’s call and mistook him for a bush fowl and shot at him. Yaw clement sustained
gunshot wound and ran to the mission house and informed the complaint that he has been shoot
at. He was rushed to the Juaboso Government Hospital and referred to Komfo Anokye Teaching
Hospital, Kumasi for treatment but he died the following day on 24th August, 2021. The 1st accused
reported himself to the Police at Amoaya that he shot the deceased on 23rd August 2021. He was
arrested for investigation during which he told the Police he took a single barrel led gun from the
2nd accused and returned the gun to him after the incident. The 2nd accused was subsequently was
arrested and the single barrelled gun was retrieved from him but could not produce a permit
covering the gun. After inspection, a duplicate docket was sent to the attorney General’s office
Sekondi for advice and the said office advised the police to charge the accused persons with the
respective offences and put them before the court for prosecution. On 26/20/2022. The 2nd accused
pleaded guilty to possession of Arms and Ammunitions without authority, and court convicted
him but sentenced was differed pending the determination of the case involving the 1st accused.
The prosecution called two witnesses to support their case against the first accused. The witnesses
are:
1. The complainant, Rev. Father Boniface Owusu Asante (PWI), and
2. Detective chief Corporal Baafi-Opoku Kofi Christian (PW2).
The 1st accused gave evidence in his defence but did not call an