REPUBLIC v. ABDUL HALIK HAMZA
2019
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, J.A [PRESIDING]
- G. TORKORNOO( MRS), J.A
- N.C. AGBEYOR, J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant was convicted of murder after hitting the deceased with a plank of wood during a fight. He was sentenced to death and appealed on multiple grounds of alleged judicial misdirection. The appeal court examined and dismissed each ground, finding no substantial miscarriage of justice and affirming the conviction. The court emphasized the roles of the jury and the judge, the requirements for self-defense, and the significance of corroborated evidence. The court upheld the admissibility of hearsay evidence by a substitute witness, as proper legal procedures were followed.
AGBEVOR, J.A.
The accused herein known as Appellant, a tailor was charged, tried and convicted of the offence of murder contrary to Section 46 of the CRIMINAL OFFENCES ACT, 1960 (ACT 29). The facts though well-rehearsed in the Record of Appeal may be repeated here for avoidance of doubt.
The accused (now the Appellant), a tailor lives at Sabonjida, a suburb of Tamale. Abdul Ganiu (the deceased) was a butcher and also lived in Tamale before his death. On the 14th July, 2013, at 8.00p.m. the said Abdul Ganiu went to Nyohini roundabout in the company of Issah Hassan to buy food at Charlotte Fast Food. On arrival at the Fast Food Joint, they found the accused and other young men engaged in a fight. Abdul Ganiu knew one of the young men fighting called Fuseini Arafat who he approached and advised him to stop fighting. The accused person ABDUL HALIK HAMZA saw the deceased talking to Fuseini Arafat and became enraged by his gesture. The accused picked a plunk of wood with which he hit the head of Abdul Ganiu who fell down unconscious. The accused who bolted across the road was apprehended by persons around and handed over to the police patrol team which arrived at the scene Abdul Ganiu was rushed to the Tamale Teaching Hospital where he was pronounced dead on arrival. The accused was taken to the police station where he volunteered on investigation cautioned statement in which he admitted the offence. After further investigations, the accused was charged with one count of murder. Accused was tried by judge and jury, convicted and sentenced to death as required by law. Dissatisfied with the conviction and sentence, accused has mounted the present appeal on nine grounds. The grounds of appeal are set forth:
GROUNDS OF APPEAL
i. That the learned trial judge misdirected the jury by non-direction on the real facts surrounding the incident that led to the death of the deceased the determination of which could have led to a return of a not guilty verdict by the jury thus occasioning a substantial miscarriage of justice.
ii. That the learned trial judge misdirected the jury by inadequate direction on the availability of self-defence or in the alternative, the learned trial judge misdirected the jury by non-direction on the availability of the defence of acting in the belief, in good faith and on reasonable grounds of being under a legal duty to do the act to wit, try to stop an unlawful fight which the Appellant did both raised by the Appellant in his defence the co