KINI vs. THE REPUBLIC

JUDGMENT OF TAYLOR J. The appeal in this case has already been allowed. I did this to put an end at once to the continued stay of the appellant in prison. I now proceed to give the reasons why in my opinion the appeal should be allowed. The charge in this case is causing damage contrary to section 172 (1) (b) of the Criminal Code, 1960 (Act 29), and the particulars of offence supporting the charge were: “Ahojo Kini, farmer: For that you on 10 March 1978 at Yendi in the Northern Magisterial District and within the jurisdiction of this court did kill one cow valued ¢1,200 the property of one Dagbanga Kpawuli.” Section 172 (1) (b) of the Criminal Code, 1960, the section under which the accused was charged, reads: “172. (1) whoever intentionally and unlawfully causes damage to any property by any means whatsoever: . . . (b) To a value exceeding [£100 i.e. ¢200], shall be guilty of a second degree felony.” The relevant facts led by the prosecution in s...