REX
V.
A. T. AMPONSAH & 4ORS

JELR 80997 (WACA)

West Africa Court of Appeal · West Africa [For WACA cases]
·

Other Citations

1938 4 WACA 120-123

CORAM

Cor. Petrides, C.J., Yates and Strother-Stewart, JJ.

Core Terms ^Beta

appellants

evidence

manslaughter

opinion

body

fifth appellants

intention

second appellants

30th march

criminal code

cause of death

first appellant

great risk of the assaults

kwabena donkor moshie

reasonable caution

sentences

third appellants

advanced state of decomposition

boiling water

dr. harrison

duty of the trial judge

effect of that sub-section

evidence of any disease

express intention

following day

following sentences of imprisonment

gold coast

hard labour

head of the deceased

hot water

learned trial judge's notes

moment of his death

native administration superintendent of the native prison

none of the usual signs of drowning

only passage

opinion evidence

positive evidence

principle of english law

provisions of section

reasonable doubt

reason of section

sergeant labi

series of brutal assaults

special power of the court

trial judge

west african court of appeal ordinance

PETRIDES, C.J., GOLD COAST, YATES AND STROTHER- STEWART, JJ.

The five appellants were tried and convicted for the murder of one Kwabena Donkor Moshie, whom we shall refer to as the deceased.

The first appellant was the Native Administration Superintendent of the Native Prison, Juabeng, Ashanti. The second and third appellants were Government Police Constables stationed at Juaso, Ashanti. The fourth and fifth appellants were warders working under the first appellant.

The case for the Crown was as. follows:-

Deceased had been in custody from about the 27thMarch till the moment of his death on the 30th March, 1938, on suspicion i of having stolen money and other things from the house of one Atta Buadu of Apimsu. In the forenoon and afternoon of Wednesday the 30th March, 1938, a series of brutal assaults were committed on the deceased by the first and second appellants. The assaults consisted of pouring hot water on the head of the deceased and heating him with a stick. The beatings were so …

REX V. A. T. AMPONSAH & 4ORS

REX
V.
A. T. AMPONSAH & 4ORS