REPUBLIC vs. DARKO

The indictment preferred against the accused person accuses him of the offence of attempting to cause harm by the use of an offensive weapon, contrary to sections 18 (1) and 70 of the Criminal Code, 1960 (Act 29). The prosecution’s case in support of the offence as presented by the first prosecution witness and the second prosecution witness, the material prosecution witnesses, reveals that on the night of 27 March 1970, the accused with a loaded double-barrel gun, exhibit A, went to the house of the first prosecution witness who was conversing with the second prosecution witness in a room and shot at the first prosecution witness, but the gun did not fire. As a result of a struggle which later followed the unsuccessful attempt, both the first and second prosecution witnesses over powered the accused and seized exhibit A from him. Both the first and second prosecution witnesses testified further that: (a) when the accused pointed exhibit A at the first prosecution witness, he ask.....