THE REPUBLIC vs PETER KUMAH

The accused person is charged with the offence of causing unlawful harm to one Felix Ansah by slashing him on his index finger with a cutlass contrary to section 69 of the Criminal Offences Act, 1960, Act 30 (hereinafter referred to as Act 30).

Section 69 of Act 30 provides that:

Causing harm

A person who intentionally and unlawfully causes harm to any other person commits

a second degree felony.

The picture painted by prosecution is of an unprovoked attack by the accused person and his gang on the nephew of the victim on the day in question. The complainant hearing about the attack proceeded to his nephew’s rescue and in his attempt to rescue him, the accused person slashed his finger with the cutlass. Three witnesses were called by prosecution to make their case; the complainant, his nephew and the police investigator. The accused person also testified on oath and called a witness in his defence.

The first witness of prosecution was the victim who testified that he was at home when he received news of his nephew being attacked by a group of people. He quickly rushed to the rescue of his nephew at his brother’s house and there he found the accused and other persons attacking his nephew. In his attempt to save him from the attack the accused who was holding a cutlass struck him with the cutlass and it cut his left index finger causing him severe injury. He was able to hold on to the cutlass which he later delivered to the police. After a month had passed he spotted the accused at the police station and caused his arrest.

The second witness called by prosecution was the nephew of the complainant. His testimony confirmed what the complainant had earlier testified; that the complainant was attacked during his attempt to save him from an attack. I have taken the liberty to reproduce a paragraph of his testimony below

“That on the 10th day of June 2023, I was sleeping at Dompoase community center.

Suddenly, I saw the accused together with seven people coming. So they attacked me

with sticks, shovel, dog chain and knives.”

From the above testimony, he claims he saw the accused person and his gang approaching him and that, the implements they used to beat him with consisted of “sticks, shovel, dog chain and knives” he makes no mention of the cutlass. He also says that the accused was in the process of hitting him when the cutlass hit the complainant who was trying to rescue him. His evidence is consistent with that of the first prosecution witness as t