ABAM
V.
THE REPUBLIC

(1967) JELR 63546 (CA)    
Court of Appeal  ·  11 Dec 1967 ·  Ghana
CORAM
OLLENNU J.A.,AZU CRABBE J.A,APALOO J.A.
Core Terms Beta
jury
learned trial judge
grievous bodily harm
young men
cap gun
death of the deceased
deceased abena edufuah
exhibit c
father of the deceased
gun shot
abena edufuah
act of the appellant
appellant leave
appellant’s room
azu crabbe j.a.
bodily harm
body of the deceased
conviction of the appellant
criminal procedure code
direction of the judge
duty of this court
eye-witness
final direction
first limb of the direction
first place
following passage of the summing
following passages
gun-shot wound
h.l. lord lindley
important directions of the learned trial judge
intended marriage
learned trial judge’s analysis
marriage proposal
medical witness
new friend kojo yamoah
ordinary person
passages
person of ordinary prudence
point of view of the prosecution
proposed marriage
reading of the above passages
reasonable doubt
report of a gun shot
result of shock
subject of the state
such act
trial
trial court
trial judge
types of verdict

AZU CRABBE J.A.: On 20 October 1967, we quashed the conviction of the appellant for manslaughter and set aside the sentence of seven years imposed upon him, and we accordingly acquitted and discharged him. We now proceed to give our reasons therefor.

The appellant was not represented by counsel, and this matter came before this court by way of an application for leave to appeal against sentence. We readily granted this application, and also granted the appellant leave to appeal against his conviction, though there was no appeal against conviction in the first place. Lest it should be said that we had no jurisdiction to interfere with a conviction, unless there was an appeal therefrom, we wish to state that this court has an inherent jurisdiction to do justice, and where a subject of the State has been deprived of his liberty in disregard of the safeguards provided by the law, we think that it is the duty of this court to intervene. The court has been created to do justice, but not to p…

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