RICHMOND KWABLA DZANGBATEY vs. THE REPUBLIC

ADJEI J.A: The appellant was convicted and sentenced to suffer death on 7th March, 2004 by the High Court Koforidua. Pursuant to the leave granted by this Court to the appellant to file an appeal against conviction out of time, the appellant filed a Petition of appeal against his conviction on 3rd February, 2014. The appellant was charged with two offences, namely murder and use of offensive weapon contrary to sections 46 and 70 of the Criminal and Other Offences Act, 1960 (Act 29) respectively. The appellant killed one Christiana Apafo whom he was in relationship with on 4th March, 1995 with a bottle. The appellant did not deny killing the late Christiana Apafo but his case was that the deceased pulled his genital organs, bit him and further inflicted tooth-bite injuries on his penis. He therefore killed her as a self-defence. The jurors found the appellant guilty of murder and was accordingly convicted for murder. The appellant dissatisfied with his conviction raised four grounds ...