[1978]DLHC1133 • December 12, 1978 • High Court
BEHOME vs. THE REPUBLIC
The appellant, suspecting adultery between his wife and the first prosecution witness, led a group to apprehend them at the latter's room. The appellant inflicted severe harm on the first prosecution witness, his wife, and others, tied them up naked, and demanded money as 'ayefare' or pacification. The appellant was charged with multiple offences including conspiracy, unlawful entry, causing harm, unlawful damage, threat of death, and robbery.
read moreJUDGMENT OF OSEI-HWERE The appellant (with five others) was arraigned before the Circuit Court, Sunyani, on a count for conspiracy to commit crime, namely, unlawful entry contrary to sections 23 (1) and 152 of the Criminal Code, 1960 (Act 29); on another count for unlawful entry contrary to section 152 of Act 29; on three other counts for causing harm contrary to section 69 of Act 29; and on one count for robbery contrary to section 1 of the Suppression of Robbery Decree, 1972 (NRCD 11), and section 149 of Act 29. The appellant alone was further charged on three counts for causing unlawful damage contrary to section 172 (1) (a) of Act 29 and on a count for threat of death contrary to section 75 of Act 29. After what appears to be a lengthy trial the appellant was found guilty on all the ten counts brought against him and he was sentenced to a term of five years’ imprisonment with hard labour on each of the counts charging him with conspiracy to commit crime, unlawful entry.....