Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KWASI REINDORF
V.
THE REPUBLIC

(2021) JELR 108986 (CA)    
Court of Appeal  ·  H1/64/2021 ·  24 Jun 2021 ·  Ghana
CORAM
A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG, J. A., S. K. A. ASIEDU J. A.

Ratio Decidendi

Core Terms Beta
appellant
counsel
evidence
reasonable doubt
case
learned trial judge
self defence
criminal cases
criminal offences act
offence of murder
accused person
burden of proof
criminal action
appellate court
case of the prosecution
criminal trials
error of misdirection
grounds of appeal
pathologist pw4
standard of proof
substance of the case of the appellant
appellant’s conduct
appellant’s first major point
basic law
cause of death
criminal case
deceased king
deep stab wounds
effect of a summing-up
end of the trial
following statement
incident pw2
learned judge
petition of appeal
proper defence of self defence
sufficient evidence
support of this position
tier test
untimely death
use of force
verdict of murder
web of the english criminal law

JUDGMENT

POKU-ACHEAMPONG, J.A.

This is an appeal against the summing up and thus the judgment of the High Court Kumasi  dated 18th July 2016.  

Kwasi Reindorf the Appellant was charged with the offence of murder contrary to section 46  of the Criminal Offences Act, 1960, Act 29. The particulars of offence are that on the 30th day  of December, 2011 at Bomfa-Achiase in the Ashanti Region he intentionally caused the death  of Akwasi Agyakwa by unlawful harm.  

Facts: 

The Appellant was a trader who owned a provision shop at Bomfa-Achiase in Asante Akyem  where he lived. The deceased also lived at Bomfa-Achiase in the Ashanti Region. 

On the 30th of December, 2011 the Appellant engaged in an unlawful fight with the deceased  and stabbed him.  

On the day of the incident a witness in the case had gone to the Appellant at his shop to talk  about Appellant’s conduct in the Bomfa-Achiase town when the deceased walked by the  shop. The Appellant then shouted or exclaimed “it is you I am looking fo…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login