YEMBILBE BIFANI@AZAY v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI, J.A. (PRESIDING)
- LOVELACE-JOHNSON, J.A.
- ACKAH-YENSU, J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant was charged with murder but pleaded guilty to manslaughter and was sentenced to 25 years IHL. On appeal, the court found that the trial Judge erred by relying on the bill of indictment as evidence but this did not result in substantial miscarriage of justice. The appellate court, however, modified the sentence to 20 years IHL from 25 years as the trial Judge failed to consider the period the Appellant spent in lawful custody before trial.
ADJEI,J.A:
This appeal is against the sentence imposed on the Appellant herein by the High Court Tamale on 15th March, 2007. A charge of murder was preferred against the Accused Person /Appellant herein for having murdered one Mesumo Napor on 29th October, 2005 but the Appellant took advantage of Section 239(2) of the Criminal and Other Offences (Procedure) Act 1960 and pleaded to a lesser offence of manslaughter.
The facts of the case were that both the Accused Person and the deceased lived in a town known as Buya near Kpandai. Buya is mainly inhabited by Kokombas and Basaris. On 29th October, 2005, the police went to Biya to arrest one of the Basare's by name Ningbeng Najong . He attempted to abscond and was pursued by the police. The police gave warning shot to scare the said Ningbeng Najong who was then on the run and had got to the part of Buya township which was mainly occupied by the Konkombas. One of the gun shots by the police hit one Konkomba man and which infuriated the Konkomba people. The Konkombas planned to attack the Basaris if the Kokomba man who was hit by the gun shot was pronounced dead. The planned attack came to the notice of the chief of the town who sent the deceased and one Kwame Papanko both Basare to inform the police at Kpandai to prevent any mayhem that may arise as a result of the death of the Konkomba man who was hit by the gun shot. The deceased rode a motorbike with one Kwame Papanko as pillion rider to Kpandai. On their way to Kpandai, they were attacked by a group of Kokombas including the Appellant herein. A confrontation ensued between the two Basares and the group of Konkombas including the Appellant. The said Konkomba people chased the two Basares including the deceased to a village known as Kafiejele. The Appellant then hit the deceased with a stick and he felled down from the bicycle unconscious. He was pronounced dead on arrival at the World Wide Evangelism Crusade Clinic at Kpandai.
After the jurors have been empaneled to sit on the case, the Appellant who had been charged with murder pleaded "Not Guilty" to the charge of murder and pleaded guilty to a lesser offence of manslaughter under section 50 of the Criminal Offences Act, Act 29.
The Appellant took advantage of Section 239 of the Criminal and Other Offences (Procedure) Act, 1960 by pleading guilty to a lesser offence. Section 239 (2) provides as follows:
“(1) A plea of guilty, when recorded, constitutes a conviction
(2) Where an accused person is arra