[2010]DLHC8248August 12, 2010High Court

THE REPUBLIC vs. HUSSEINI NUHU

Ladies and gentlemen of the jury, The accused person before you, Husseini Nuhu, is charged on one count with manslaughter contrary to section 50 of the Criminal Offences Act of Ghana 1960, Act 29. What amounts to manslaughter is indicated in section 51 of the same Act 29 and a person commits manslaughter if he causes the death of another through unlawful harm. However, you must note that if the harm is caused by mere negligence that cannot be manslaughter unless the negligence amounts to a reckless disregard for human life. It must be proved that the accused person showed a total disregard for the life and safety of the deceased which exposed him to death. Thus in such a charge, the prosecution is enjoined to prove that the unlawful harm of the accused caused the death of the deceased, and where it is through gross negligence, it must be established that the deceased was exposed to death by the negligent conduct of the accused person. In any of these situations, the prosecution is ...