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THE REPUBLIC VS BRIGHT K. AFENU

2024

HIGH COURT

GHANA

CORAM

  • H/L JUSTICE YAW OWOAHENE-ACHEAMPONG J.

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

In the High Court, H/L Justice Yaw Owoahene-Acheampong presided over sentencing in a case where an accused was initially charged with murder under section 46 of Act 29/60. On 16/03/2023, the accused’s plea to murder was re-taken and remained not guilty, but the accused later voluntarily pleaded guilty to manslaughter. The court accepted the plea and convicted him of manslaughter contrary to section 50 of Act 29/60, despite no specific charge under section 239(2) and (3). Defence counsel urged leniency with an eight-year term; the State Attorney did not oppose mitigation but proposed ten years. Considering the accused’s remorse and approximately five years already spent in custody, and noting that manslaughter may carry life imprisonment, the court exercised sentencing discretion, imposed nine years’ imprisonment IHL, discharged the murder charge, and sentenced accordingly.