DIVISION: IN THE SUPREME COURT
DATE: 17TH FEBRUARY, 1961.
BEFORE: VAN LARE, SARKODEE-ADOO AND AKIWUMI, JJ.S.C.
NATURE OF PROCEEDINGS
APPEAL against conviction for murder by Apaloo, J. sitting with the aid of assessors in the High Court, Kumasi, on the 7th November, 1960.
COUNSEL
B. K. Tamakloe for the appellant.
K. Dua Sakyi for the respondent (the State).
[p.103] of [1961] GLR 100
JUDGMENT OF VAN LARE J.S.C.
van Lare, J.S.C. delivered the Judgment of the court. We are of the opinion that in this appeal the learned trial judge did not adequately consider the question of matters of extreme provocation to which the prosecution witnesses have testified. The learned judge disbelieving the story of the
appellant that he had the weapon on him at the time of the violent assault and battery committed on him by the deceased, failed to consider adequately the question of the effect of provocation on the prisoner when, as he found, the prisoner went to his house and fetched the knife. The judge hasnomitted to find that the prisoner had cooled down or that at the time the prisoner fetched the knife
from his house he had murderous intent.
We think, however, that on the evidence as a whole the prisoner might have been still labouring under
the violent and extreme provocation caused him by the deceased and that when he went out to attack the deceased, he was still deprived of the power of self-control. We think that had the learned trial judge considered the point now raised, he would have found the appellant not guilty of murder but guilty of manslaughter only.
In the result the appeal is allowed. The verdict of guilty of murder entered at the trial is set aside and one of guilty of manslaughter is substituted therefor.
The appellant is sentenced to five years I.H.L.
DECISION
Appeal allowed.
Conviction for manslaughter substituted.
