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NARTEY
V.
THE REPUBLIC

(1981) JELR 69265 (CA)

Court of Appeal 9 Sep 1981 Ghana
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- Conviction for murder was quashed and a verdict of acquittal entered on grounds of self-defence, as the trial judge failed to properly direct the jury on self-defence and provocation, conflating the two defences and providing misdirection

Case Details

Judges:FRANCOIS JA, EDWARD WIREDU JA, OKAI J.
Counsel:T. K. AGADZI FOR THE APPELLANT; J. O. AMUI CHIEF STATE ATTORNEY FOR THE RESPONDENT
Other Citations:[1982-83] GLR 788

EDWARD WIREDU J.A.

This is an appeal from a conviction of the appellant on 28 July 1980 on a charge of murder of one Amadu Fulani at a farm situate on the Afienya Dawhenya road by Amate-Kisseih J. with a jury at a criminal session of the High Court, Accra.

The facts of this case reveal that the harm which resulted in the death of the late Amadu Fulani was at the instance of the appellant and the main issue of fact of the consideration of the jury was whether the act of the appellant amounted in law to murder or whether the plea of self-defence as put up by the appellant was made out or failing which whether the crime of murder on the available evidence could be reduced to manslaughter by extreme provocation.

The appellant was the only eye-witness to the events resulting in the death of the deceased. No one apart from him knew the circumstances surrounding the killing of the deceased. The case for the prosecution depended solely and entirely on the cautioned statement which the appellant …

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