[1982]DLCA2101 • November 23, 1982 • Court of Appeal
BERKO vs. THE REPUBLIC
The appellant, Simon Adjei Berko, a serving soldier, was on leave at his village when he learned of an attempted rape incident involving the deceased, Kwame Avodzivi, and the wife of his brother. The village chief had adjudged the matter settled with a monetary penalty. Dissatisfied, the appellant confronted the deceased, leading to a physical altercation inside the appellant's house and subsequently outside, where the appellant violently assaulted the deceased. The deceased later died from severe chest and abdominal injuries consistent with being stamped upon. The appellant denied the extent of the assault outside the house but admitted a brief fight inside. The pathologist's report confirmed fatal injuries consistent with the prosecution's account.
read moreJUDGMENT OF MENSA BOISON J.A. Mensa Boison J.A. delivered the judgment of the court. The appellant, Simon Adjei Berko, appeals against his conviction on 3 April 1981 for the manslaughter of Kwame Avodzivi before Amua-Sekyi J: at the High Court, Kumasi. He was sentenced to two years’ imprisonment with hard labour. The point for decision is within a small compass, but it is necessary to set out the facts of the case in view of the form of learned counsel’s arguments. The appellant was a serving soldier in the Ghana Army when on 10 July 1979 he arrived home at his village, Krofofrom near Ashanti Juaben on leave. He was to lodge with his brother, K. Oppong, but the appellant had got himself settled in already before Oppong with the family returned from farm in the evening. On the previous day an incident in which Oppong’s wife, Helen Nyarko, the first prosecution witness, was the victim of an attempted rape had been adjudged by the odikro (chief) of the village, resulting in a...