[1945]DLWACA1125 • October 11, 1945
KWAKU MENSAH vs. THE KING
On 27 November 1942, the deceased Abudu Zabrama and others of his tribe, the Zabrama, arrived at Kajakron village carrying cloth bundles intended for smuggling into French territory. A disturbance ensued between the villagers and the Zabrama, involving accusations of theft and a fight. The appellant, Kwaku Mensah, was stabbed during the fracas, allegedly by the deceased. The deceased fled to a house but was pursued by villagers, including the appellant, who fired a gun and killed him. The appellant claimed he fired accidentally while trying to frighten the deceased into surrendering.
read more[Delivered by LORD GODDARD] Their Lordships now give their reasons for the humble advice which they have tendered to His Majesty that this appeal should be allowed and a verdict of manslaughter substituted for that of murder. The appeal was brought by special leave against a judgment of the West African Court of Appeal dismissing the Appellant's appeal against his conviction for the murder of one Abudu Zabrama before Lane, J., and a special jury on 15th May, 1943. It appears that in the early morning of 27th November, 1942, the deceased man with some others of his tribe, the Zabrama, .arrived at the village of Kajakron, where the Appellant lived, carrying bundles of cloth which they were intending to smuggle into French territory. According to the witnesses for the prosecution they reached the village when it was light, either just before or just after daybreak, whi1e according to the defence they arrived in the dark when the villagers were asleep. An ala...