[1961]DLSC1378 • November 24, 1961 • Supreme Court •
THE STATE vs. OHENE-KESSON AND MENSAH IN THE SUPREME COURT
The appellants, Ohene-Kesson and Mensah, were jointly charged and convicted for conspiracy to commit abortion and related offences under the Criminal Code. The prosecution's case centered on Wilhelmina Richter, a nursing student who sought assistance from Kesson to terminate a suspected pregnancy. Kesson initially attempted to assist by injections and dilation but failed. He then wrote a letter to Mensah requesting further assistance. Mensah subsequently treated Wilhelmina, who suffered severe complications requiring hospital admission and surgery. Both appellants denied the charges, but evidence including a letter from Kesson to Mensah and medical testimony corroborated the prosecution's case.
read moreJUDGMENT OF ADUMUA-BOSSMAN J.S.C. Adumua-Bossman, J.S.C. delivered the judgment of the court. The two appellants (who will be referred to throughout this judgment simply by their surnames, Kesson and Mensah respectively) were together convicted on the 25th January, 1961, during the January Criminal Session of the High Court, at Accra, by Acolatse, J., sitting with assessors, upon an information which charged them jointly with conspiracy to commit abortion, contrary to sections 49(1) and 245 of the Criminal Code1(1) and also individually with separate offences, that is to say Kesson, with attempt to commit abortion contrary to sections 44 (1) and 245, and Mensah with committing abortion contrary to section 245 of the said Criminal Code, and they have appealed against their convictions. The prosecution’s case against them, as disclosed in the evidence of the first and principal prosecution witness, a girl who at the material time was in training at the Nursing School, Korle Bu, call.....