JUDGMENT
SOWAH J.A.
The appellant was charged with Murder contrary to section 46 of the Criminal Code 1960, Act 29. He entered a plea of ‘Not Guilty’, and taking advantage of section 239 of the Criminal (Procedure) Code 1960, Act 30 entered a plea of “Guilty” to the lesser offence of Manslaughter. Consequently he was summarily convicted for Manslaughter by the trial High Court, Ho on 12th May 2008.
The facts as presented to the trial court were that there was a long standing dispute between the parents of the deceased and the appellant over family land. On 13th December 2002, the appellant was at the farm with two other persons to gather sweet berries. He was confronted by the deceased who insisted that he would not permit the appellant to carry the berries to the market. A struggle/fight ensued and the deceased picked a stone to hit the appellant whereupon the appellant also picked the deceased’s cutlass and brandished it to prevent the deceased from getting to him. The cutlass cut the …