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MELFA
V.
THE REPUBLIC

(1973) JELR 69166 (CA)

Court of Appeal 22 Nov 1973 Ghana
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- Conviction for manslaughter upheld where evidence showed the deceased was the initial aggressor and the appellant acted in self-defense during a violent altercation. - Sentence reduced from that originally imposed; Court emphasized that s

Case Details

Judges:SOWAH JA, ARCHER JA, ANNAN J.A.
Counsel:OKYERE-DARKOH FOR THE APPELLANT; S. E. ASAMOAH SENIOR STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1974] 1 GLR 174


SOWAH J.A.: We have listened carefully to the able submission made by Mr. Okyere-Darkoh in his attack on the conviction of the appellant but in the end he had to concede that with the evidence as it stood no reasonable jury could have brought in any other verdict than that the appellant was guilty of manslaughter. He, however, submitted that the totality of the evidence indicated that the deceased was the aggressor all through this unfortunate incident. He referred to the evidence of the principal witnesses which showed that there was no previous animosity between the appellant and the deceased.

The appellant had gone to the Credo Bar to have a drink and was sitting at a table quite different from that at which the deceased and his friends were. The deceased had a quarrel with one of his own friends and a fight developed between them. The appellant did what any reasonable man would do, by trying to separate the two. The deceased picked upon the appellant and beat him up and threw him …

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