[1976]DLHC351 • May 3, 1976 • High Court
AMOAH vs. THE REPUBLIC
Two friends, Kwame Budu and A.B., went hunting armed with firearms belonging to their respective fathers, Kwame Donkor and Kwasi Amoah (the appellant). During the hunt, pellets from Kwame Budu's firearm accidentally injured A.B. Kwame Budu was charged with unlawful possession of a firearm, while Kwasi Amoah and Kwame Donkor were charged with unlawfully parting with possession of firearms. All pleaded guilty and were fined or sentenced to imprisonment. The trial court ordered forfeiture of the two firearms to the State.
read moreJUDGMENT OF MENSA BOISON J. This is an appeal against a disposal order of the District Court Grade I, Goaso, forfeiting two firearms to the State by virtue of the provisions of section 144 of the Criminal Procedure Code, 1960 (Act 30). The brief facts on which the prosecution was founded were as follows: On the day in question two friends Kwame Budu and A.B., both males, each armed with a firearm went on a hunting expedition. On seeing a group of monkeys the two were attempting to shoot when pellets from Kwame Budu’s firearm strayed injuring A.B. Kwame Budu was using a gun belonging to his father, Kwame Donkor. The complainant A.B. was the son of Kwasi Amoah, the present appellant, and was using a gun of the appellant’s on the hunting expedition. Kwame Budu was charged with possessing a firearm without authority, contrary to sections 6 and 22 (1) (a) of the Arms and Ammunition Act, 1962 (Act 118), and Kwasi Amoah and Kwame Donkor owners of the two firearms, respectively,...