[1971]DLCA2138 • March 22, 1971 • Court of Appeal
OBENG vs. THE REPUBLIC
The appellant was charged with unlawfully causing abortion on Christiana Mensa. The victim, pregnant by her boyfriend who could not support a child, sought to terminate the pregnancy and approached the appellant. The appellant agreed to perform the abortion for a fee, administering four injections to the victim. After the last injection, the victim began bleeding profusely and was taken to hospital, where incomplete abortion was diagnosed. The appellant denied all allegations. The jury found him guilty of attempt to cause abortion and sentenced him to ten years' imprisonment with hard labour.
read moreSowah J.A. delivered the ‘majority judgment of the court. The appellant in this case was charged with unlawfully causing abortion on one Christiana Mensa. The jury found him guilty of an attempt to cause abortion and he was then given the mandatory penalty of ten years’ imprisonment with hard labour. The facts of this case are as follows: The victim, Christiana Mensa, the first prosecution witness, found herself expecting a baby by her boy friend whom she described as a schoolboy and who was incapable of sustaining and maintaining a child if delivered. She therefore conceived of the idea of terminating the pregnancy. The name of the appellant was mentioned to her and she sought him out. Before then, she had discussed her intentions with a friend, Miss Georgina Owusu Afriyie, an office assistant at the Ministry of Agriculture, Koforidua, the sixth prosecution witness, who expressed her fears about the course of conduct proposed and endeavoured unsuccessfully, to dissuade her from...