[1960]DLCA299 • June 10, 1960 • Court of Appeal
REGINA vs. AHENKORA AND BADU
The case involved the shooting death of the deceased caused by a gunshot wound to the heart. The second appellant was carrying the gun at the time, but the exact circumstances of the gun's discharge were unclear due to darkness and lack of direct evidence. The prosecution alleged intentional murder by both appellants, while the defense argued the gun may have discharged accidentally or negligently, and the second appellant raised an alibi denying presence at the scene.
read moreJUDGMENT OF VAN LARE J. (His Lordship referred to the facts and continued). As we have already pointed out, it was dark, and there was no evidence how exactly the gun went off. In other words, the evidence is not clear as to the actual circumstances when the gun was fired and caused the harm from which the deceased died. The medical evidence shows the cause of death to be the destruction of the greater part of the heart by gun shot. No doubt the circumstances were such that it can reasonably be inferred that the wound from which the deceased died was the result of a discharge of the gun which the second appellant was carrying at the time. In the absence of direct evidence, however, it can only be a matter of conjecture whether the truth be that the gun was aimed at the dead man (or that deceased was otherwise shot at in circumstances from which it might be inferred that the act was intentional)’or that the gun went off accidentally and without negligence by the carrier, or that.....