[1976]DLCA381 • June 12, 1976 • Court of Appeal
DONKOR vs. THE REPUBLIC
The appellant was found on the deceased's farm harvesting palm fruits without permission. The deceased confronted him, accusing him of theft and assaulted him with a palm branch. The appellant, claiming provocation, attacked the deceased with a cutlass, inflicting multiple fatal wounds leading to her death. The appellant admitted to the killing but argued it was provoked and unintentional.
read moreJUDGMENT OF KINGSLEY-NYINAH J.A. Kingsley-Nyinah J.A. delivered the judgment of the court. In the expert opinion of Dr. Emmanuel Doe-Doosey, the pathologist who carried out a post-mortem examination of the mortal remains of Akua Nsiah (herein after referred to as the deceased), her death was “due to haemorrhagic shock, massive bleeding which was due to multiple incised lacerated wounds . . . caused by a sharp instrument. It could be a cutlass, or sword.” Of the nature and extent of the injuries suffered by the deceased the medical officer, testifying as the sixth prosecution witness, said: “. . . there were multiple incised lacerated wounds over the back of the left side of the neck; each measuring about six inches long by three inches wide by four and a half inches deep severing the neck muscles and the blood vessels of the neck. The wounds were about five. There were also about eight multiple incised wounds over the back of the left shoulder, the left upper arm and the le...