[1999]DLSC117 • March 3, 1999 • Supreme Court •
BOAKYE vs THE REPUBLIC
The appellant and the deceased engaged in a fight which was separated. The appellant allegedly went home to fetch a knife, then chased and stabbed the deceased, causing his death. The appellant claimed self-defense, stating he was attacked by the deceased and others, sustained injuries, and stabbed the deceased in self-defense during the ongoing fight. The prosecution witnesses, friends of the deceased, testified that the fight was separated before the appellant fetched the knife and stabbed the deceased while he was running away.
read moreJUDGMENT OF BAMFORD-ADDO JSC Bamford-Addo JSC delivered the first judgment at the invitation of Edward Wiredu JSC. This is an appeal from the judgment of the Court of Appeal which upheld the judgment of the Regional Public Tribunal convicting the appellant on a charge of murder, contrary to section 46 of the Criminal Code, 1960 (Act 29). The facts, according to the prosecution, are that the appellant and the deceased engaged in a fight but, were separated. The appellant was alleged to have gone to his house nearby to pick a knife with which he chased the deceased and stabbed him resulting in his death. The defence case however was that a quarrel ensued between the appellant and some boys, including the deceased near the appellant’s house. He alleged that he was pushed down, stamped upon and beaten with sticks by the boys and as a result sustained injuries. He said while he was being beaten, he fell on an object which he picked up and in self-defence stabbed the deceased with it, r.....