A 24-year-old Cleaner (now 30) who is said to have stabbed her boyfriend over a misunderstanding of a mobile phone has been convicted and sentenced to four years in jail for manslaughter.
Linda Wodalor pleaded guilty to manslaughter instead of murder after activating Section 239 of Act 30 which allows an accused to plead guilty for a lesser punishment.
She had initially pleaded not guilty to murder and prosecution had already called their first witness before a seven-member jury panel.
However, she activated Section 239 of Act 30 and had an agreement with the State to admit to the offense of manslaughter instead of murder, which was accepted.
Justice Marie-Louise Simmons, the presiding judge of the High Court in Accra (Criminal Division) after listening to both parties (Prosecution on one hand and the Defence lawyers on the other hand) acquitted the accused of murder but convicted her of manslaughter.
“The accused having pleaded guilty to manslaughter and not guilty to murder is acquitted on the offense of murder, and convicted to the offense of manslaughter Pursuance to section 239 of Act 30,” Justice Mrs. Simmons stated.
EIB Network Legal Affairs Correspondent, Murtala Inusah, reports that, per the agreement the accused had with the State under Section 239, of Act 30, she was to be sentenced to a two-year jail term.
However, that agreement, which is subject to the acceptance of the Court, saw the punishment doubled to four years.
Though the defence also made the point that, she had already spent six years in custody since her arrest in 2018.
It was established by the Court that, the accused was 24 years at the time of the incident and not the 29 which was initially captured.
She is said to be 30 years now, the day she was sentenced to four years.
Justice Mrs. Simmons also said the Court took into consideration mitigation factors, including the fact that the accused is a first-time offender and has also reached out to the family of the deceased.
The Court also said, the mitigating factors also addressed the point that she did not waste the time of the Court.
Justice Mrs. Simmons before passing her sentence said, the Court took into consideration the public interest and the sentencing guidelines.
Instead of the proposed two years, the Court sentenced the convict to 4 years in prison which is to take effect from Thursday, March 28, 2024.
Brief facts
Per the brief facts of the case to the Court, the Accused person Linda Wodalor is 24 years old (now 30) and a cleaner. The Deceased Bismark Kwame Afriyie was a driver with both also residents of North Dzorwulu.
According to the Prosecution, on January 3, 2018, at about 10:00 pm, the accused person had a fight with her boyfriend (Bismark Kwame Afriyie) now deceased. It said, in the course of the fight, she stabbed Kwame Afriyie (now deceased) on the neck with a sharp object.
The Prosecution stated that the deceased sustained a deep cut around the neck and bled profusely while shouting on the top of his voice ‘Linda had stabbed me’ repeatedly.
“The people within the vicinity came out from their various rooms and found the deceased lying in a pool of blood but the accused person was nowhere to be found,” the brief facts stated.
It added that “quickly, they rushed Kwame Afriyie (now deceased) to 37 Military Hospital for treatment but he was pronounced dead on arrival by the medical officer on duty.”
The body, the Prosecution said, was conveyed to the Police Hospital for post-mortem examination.
The Prosecution stated that, on January 9, 2018, the accused person Linda Wadalor was brought to the station by her mother Veronica Wodalor.
She was then arrested and detained for investigation.
Source: Starrfm
