KUSASI vs. THE REPUBLIC

JUDGMENT OF ARCHER J.A. Archer J.A. delivered the judgment of the court. This is an appeal from the conviction of the appellant by the High Court sitting at Tamale on a charge of murder. The facts briefly are that the appellant, who lived with his children and his own mother, the victim of the murder, returned one evening from the market where on his own admission he had tasted some pito, the local brew in that area. According to the prosecution’s story narrated by the appellant’s own uncle and one of the appellant’s children, he started beating the children for refusing to eat more soup although the children explained that they were satisfied. The appellant’s mother, naturally distressed by the crying of the children, advised them to run away. Infuriated by this grandmotherly admonition, the appellant attacked his mother by giving her a blow as a result of which she fell down and broke her neck. The uncle further testified that the appellant attacked him when he attempte...