ACKOM vs. THE REPUBLIC

This appeal is brought against the conviction and sentence of the appellant by the District Magistrate Grade I, Sunyani (sitting at Bechem) on one count of careless driving and on many counts for negligently causing harm. The appellant, indeed, was arraigned before the court on 45 counts for the latter offence and he was convicted and sentenced on 36 of these counts. The prosecution’s case against the appellant at the trial, briefly, was that on the day in question a three-ton vehicle carrying 43 passengers (including the first prosecution witness, the second prosecution witness and the third prosecution witness) was travelling from Mim direction towards Kasapim. As the vehicle was descending a slope in the course of the journey, an approaching tipper truck was sighted and, because of the cloud of dust raised by the approaching vehicle, the driver of the three-tonner stopped his vehicle on the left-side of the road (being its proper side). Not long after the tipper truck had by-passe.....