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ABAM
V.
THE REPUBLIC

(1967) JELR 63546 (CA)

Court of Appeal 11 Dec 1967 Ghana
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- Conviction for manslaughter quashed and appellant acquitted due to fatal misdirection of jury by trial judge, who failed to fully explain alternative verdicts and the distinction between murder, manslaughter, and accident. - Appellate cou

Case Details

Judges:OLLENNU J.A.,AZU CRABBE J.A,APALOO J.A.
Counsel:APPELLANT IN PERSON; V. A. KISSEIH SENIOR STATE ATTORNEY FOR THE REPUBLIC.

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 per…

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