JUDGMENT
SOPHIA ADINYIRA (MRS) JSC
This appeal is against the judgment of the Court of Appeal dated 20 January 2004 which affirmed the conviction and sentence of the appellant for murder. The appellant was tried and convicted together with another person by an Accra High Court upon a verdict of a Jury on 7 August 2001, on charges of conspiracy to commit murder and murder. On appeal, the other person was acquitted and discharged on both counts. The Court of Appeal acquitted the appellant on the conspiracy charge but affirmed the conviction for murder. The appellant accordingly appealed on the sole ground that:
“On the totality of the evidence the trial judge misdirected the jury by non-direction on the defences of provocation and justifiable harm available to the appellant, and the dismissal of the same defences by the Appellate Court occasioned miscarriage of justice to appellant”
The case for the prosecution was that on 21 Jan 1993, the deceased Amegbor Amedorme took John Narteh Amergbo…