[1962]DLSC1729 • October 26, 1962 • Supreme Court •
THE STATE vs. TSIBA
The appellant was charged with manslaughter for the death of Kofi Sowah, allegedly caused by his negligent shooting in a forest while hunting at night. The appellant claimed he mistook a reddish light for an animal's eyes and shot after dimming and flashing his lamp and whistling to attract human attention. Prosecution witnesses testified that the light was from a hunting lamp near where the deceased and others were resting. The appellant fled after hearing a human cry and later reported the incident.
read moreJUDGMENT OF AKUFO-ADDO J.S.C. Akufo-Addo J.S.C delivered the judgment of the court. The appellant was charged on a bill of indictment before Scott, J., sitting in the High Court at Cape Coast with the manslaughter of one Kofi Sowah on the 15th December, 1961, contrary to section 51 of the Criminal Code, 1960.1(1) Although the particulars of the offence appearing on the indictment, following the form provided in section 201 of the Criminal Procedure Code, 1960,2(2) contained no allegation of negligence (and it is doubtful whether such an allegation is not essential), it is quite clear from the proceedings that the prosecution’s case was that the said Kofi Sowah died as a direct result of the personal negligence of the appellant. Evidence of the circumstances in which the killing occurred was provided by the appellant’s own statement made to the police and his evidence in court, and also by the testimony of two witnesses for the prosecution who were in the company of the deceased...