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HAMZA IBRAHIM
V.
THE REPUBLIC

(2016) JELR 66590 (HC)

High Court 22 Jan 2016 Ghana
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- The appellant was convicted and sentenced to 10 years imprisonment with hard labour for causing unlawful harm. - The appellant appealed the conviction and sentence. - The grounds of appeal were that the judgment was against the weight of

Case Details

Suit Number:CASE NO.CRAP/01/16
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:SARFO GYAMFI FOR APPELLANT; NANA AMA DANKWAA KESSEY (ASSISTANT STATE ATTORNEY) FOR REPUBLIC.

JUDGMENT

MENSAH-HOMIAH (MRS.) J.

The Appellant herein was arraigned before the Circuit Court, Kumasi on a charge of causing unlawful harm contrary to section 60 of the Criminal and Other Offences Act, 1960, Act 29. The particulars of offence were that he intentionally and unlawfully caused harm to one Awudu Issaka.

He pleaded not guilty to this charge and after a full trial, he was convicted and sentenced to 10 years imprisonment with hard labour. Aggrieved by the said conviction and sentence, the appellant brought the instant appeal to set aside the said conviction and sentence.

GROUNDS OF APPEAL.

1. The Judgment is against the weight of the evidence on record

2. The Learned Judge failed to give weight to the statutory defence of self defence as alleged by the Prisoner.

BACKGROUND FACTS

The facts are quite simple and straight forward. At about 7:00pm on 28/05/2013, a misunderstanding ensued between the Appellant and the Complainant at Adukrom but the same was brought under control by onlooke…

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