ADINKRA KOFI AGYEMAN @ GYAMFI
V.
THE REPUBLIC

(2016) JELR 63943 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H2/105/2015 ·  22 Nov 2016 ·  Ghana
CORAM
E. K. AYEBI (PRESIDING), JA GERTRUDE TORKORNOO (MRS.), JAANGELINA M. DOMAKYAAREH (MRS.) JA
Core Terms Beta
sentence
appellant
trial judge
complainant
record
lawful custody
years ihl
first offender
use of offensive weapon
supreme court
trial
consideration article
discretion of the trial judge
dotse jsc
gravity of the crime
maximum sentence
medical officer
trial courts
young offender
account of the said period
akropong hospital
applicable law
attorney-general department
berko vrs republic
close of the case
complaint of the appellant
facts of this case
following took place
frimpong alias iboman vrs
given case
good faith
high court
house of the complainant
jury trial
leave of this court
length of the sentence
locus classicus case of kwashie vrs
modus operandi of the appellant
mother of the complainant
ojo vrs
plain language
practice direction
sharp pain
short statement
state vrs kwame amoh
sudden increase
view of this constitutional provision
years imprisonment

JUDGMENT

AYEBI, JA

1. On 4th March 2004, the appellant was indicted before the High Court, Kumasi on charge of causing harm by the use of offensive weapon contrary to section 70 of Act 29 of 1960. The particulars state that on 20th day of May 2002 at Akropong in the Ashanti Region, the appellant did cause harm to Victoria Adjinku by pouring a highly corrosive liquid on her head.

2. The appellant pleaded not guilty to the charge. At the trial, the prosecution called seven witnesses including the victim Victoria Adjinku. The appellant gave evidence but called no witness. The trial judge then summed up the evidence and the applicable law to the jury. By a majority of 6 to 1, the jury returned a verdict of guilty of the charge against the appellant. On 19th August 2004, the trial judge convicted the appellant and sentenced him to 25 years imprisonment with hard labour.

3. Pursuant to the leave of this court granted in December 2011, the appellant launched this appeal against both conviction a…

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