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LAMPTEY ALIAS MOROCCO
V.
THE REPUBLIC

(1973) JELR 69164 (CA)

Court of Appeal 15 Nov 1973 Ghana
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- Conviction for murder quashed and substituted with manslaughter due to extreme provocation, not self-defence; sentence reduced to three years’ imprisonment with hard labour. - Key legal principle: For homicide to be justified as self-defe

Case Details

Judges:SOWAH JA,ARCHER JA,ANNAN J.A.
Counsel:P. A. ADJETEY FOR THE APPELLANT; ASAMOAH SENIOR STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1974] 1 GLR 165

ANNAN J.A.

The appellant was found guilty of the murder of a school watchman, Braimah Grumah, by a jury in the High Court, Accra, on 10 November 1972, and in his appeal to this court he raises seven grounds of misdirection in addition to the general ground that the verdict is unreasonable and cannot be supported having regard to the evidence. The prosecution’s case rested in the main on a statement made to the police by the appellant on the very day the incident occurred. In addition to the statement, exhibit A, the prosecution called the brother-in-law of the appellant, Emmanuel Lamptey, the first prosecution witness, and a watchman, Bukare Moshie, who lived near the scene. These witnesses, however, offered no direct evidence as to the circumstances in which the events leading to the death of Braimah Grumah had occurred and although Bukare Moshie described an occurrence which he said he had witnessed from a distance of 100 to 150 yards, it is reasonably safe to say that the main evide…

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