Customer Support

BARIMA YAW
V.
THE STATE

(1961) JELR 67607 (SC)

Supreme Court 10 Mar 1961 Ghana
BriefBot icon

BriefBot Summary

Free

- Conviction for attempted murder quashed; substituted with conviction for causing grievous harm under section 215 of Cap. 9, as evidence did not establish intent to kill or dangerous harm likely to endanger life. - Key legal principle: For

Case Details

Judges:VAN LARE JSC, SARKODEE-ADOO JSC, AKIWUMI J.S.C
Counsel:JOE APPIAH FOR THE APPELLANT,K. DUA SAKYI FOR THE RESPONDENT

VAN LARE, J.S.C.

The injured person had a small punctured wound over the bridge of the nose. The medical evidence showed that the injury was caused by a pellet which lay directly under the skin, from where it was removed. Although not claiming knowledge of ballistic theories the medical witness expressed the opinion that the fact that the pellet was just under the skin would indicate the shot to have come from a long distance of between 20 to 40 yards. The evidence is that the missile was an air gun pellet not bigger than the tip of the little finger. The complainant was not examined nor was the pellet removed on the day of the incident, but on the following day, and it was the doctor’s opinion that the injury could have been inflicted within 48 hours previously. The complainant did not appear to have been seriously injured. He himself took a taxi to the hospital at Kumasi where he received an injection. He went to the hospital the next day, where he was X-rayed and the pellet was remo…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.