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BOAMAH
V.
THE STATE

(1964) JELR 67824 (SC)

Supreme Court 29 Feb 1964 Ghana
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- Conviction for murder quashed due to misdirection on the requisite intent; jury was wrongly directed that intent to cause harm suffices for murder, whereas law requires intent to cause death. - Appellate court substituted verdict of mansl

Case Details

Judges:ADUMUA-BOSSMAN JSC,OLLENNU JSC,BLAY J.S.C.
Counsel:W. N. ADUMUA-BOSSMAN JNR. FOR THE APPELLANT; D. F. ANNAN SENIOR STATE ATTORNEY FOR THE RESPONDENT.

OLLENNU J.S.C.: The appellant was convicted of murder by the High Court, Kumasi, upon the verdict of a jury. The victim of the offence was one Akua Nyarko a wife of the appellant. There are three issues of the marriage, the last of whom was three months old at the date of the offence, which was 22 January 1963.

There is no dispute that the deceased died from multiple wounds inflicted upon her by the appellant. The appellant was a teacher at the Catholic School, Nintin, Mampong, Ashanti.

The version of the prosecution as to the circumstances in which the said fatal wounds were inflicted is briefly as follows: differences had arisen between the appellant and the deceased, caused by the failure of the appellant to maintain the wife and the children; the matter appeared to have come to a head when the deceased gave birth to the last child and the appellant failed to provide her with the gifts and necessaries, which by custom, a husband should give to his wife when he gets a new baby. Compl…

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