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 …

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