Ratio DecidendiRatio DecidendiRatio Decidendi



ZINITEGE
V.
REPUBLIC

(1993) JELR 63607 (CA)    
Court of Appeal  ·  8 Apr 1993 ·  Ghana
 · 
Other Citations
[1992-93] 2 GBR 920 – 924
CORAM
KPEGAH JSC, AMUAH JA, BROBBEY JA

Ratio Decidendi

Core Terms Beta
appellant
jury
case
circumstances
appeal
counsel
court
defence of self-defence
facts
self-defence
trial judge
actual fact
criminal code
essence of the defence of provocation
instant case
lamptey alias morocco v republic
provocation
rubber strip
single blow
alcoholic drinks
appellant left
appellate court
case of the appellant
consecutive attacks
deceased cast insinuations
decided cases
facts of the instant case
first hit
ground of appeal
ground of self-defence
human beings
initial behaviour of the deceased
issue of self-defence
light of the severity of the blow
nephew of the appellant
prosecution witnesses
reasonable jury
reasonable person
recent case of kuo-den
revised version of the evidence
role of a reasonable jury
self control
self-control
sexual intercourse
significant time lapse
such behaviour
supreme court
temporary loss of self-control
useful purpose
use of the rubber strip

BROBBEY JA.

The appellant was tried, convicted and sentenced for the offence of murder. Aggrieved by the conviction and sentence, he appealed to this court.

Only one ground of appeal was filed on his behalf; it was that the trial judge did not adequately consider the case of the appellant.

In arguing that ground, counsel for the appellant contended that the judge failed to direct the jury adequately on the issue of self-defence and provocation.

The facts which gave rise to the charge were as follows: The deceased was the nephew of the appellant. Some time in or around December in 1985, he went to a drinking bar. Appellant bought some pito for himself. While drinking, his girlfriend approached him. He bought her too some of the pito. At the end of the drinking session, he took the girl to the house of the deceased where he decided to spend the night with her. Apparently the drink he had got the better of him and he over-slept, leaving the girl lying by his side. When he woke up he could no…

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