ABIAM
V.
THE REPUBLIC

(1976) JELR 63711 (HC)    
High Court  ·  29 Jan 1976 ·  Ghana
 · 
Other Citations
[1976] 1 GLR 270
CORAM
MENSA BOISON J.
Core Terms Beta
murder
accused
application
bail
offence
trial
case
counsel
criminal procedure code
determination of this case
duayaw-nkwanta
factor
ill-health
offence of murder
word
absence of his counsel
attempts
capital offence
circumstances
common law
condition
consideration
considerations
court
defence
granting of bail
grant of bail
ingredients of that offence
life
lives
mandatory prohibition
mr. osei
murder of his wife
november
person
police
proper case
real home town
reasons
repetitive nature
respect of certain offences
sentence
sort of offence
state of emaciation
sum
terms of years
today
view
village

JUDGMENT

MENSA BOISON

The accused has been in custody since his arrest on 27 June 1975. He is 68 years old and now complains of ill-health as a result of his detention in custody. So he applies for bail pending the determination of this case. The trial would have started today but his counsel, who is absent on some engagement in Accra, has asked for an adjournment. The accused was unaware of the absence of his counsel, and has stated that as he is unable to conduct his defence himself he would support the application for adjournment.

The offence charged is attempted murder of his wife. In resisting the application, Mr. Osei contends that by the Criminal Procedure Code, 1960 (Act 30), s. 96 as amended by the Criminal Procedure Code (Amendment) Decree, 1975 (N.R.C.D. 309), s. 2 there is a mandatory prohibition against a court granting bail in respect of certain offences including murder. He contends that the offence of attempted murder is included in the offence of murder as the ingredient…

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