[2015]DLCA8408 • October 28, 2015 • Court of Appeal
THE REPUBLIC vs. VICTOR AFRIFA
The appellant, Victor Afrifa, was convicted by a High Court jury for using an offensive weapon contrary to Section 70 of the Criminal and Other Offences Act, 1960 (Act 29). The victim, his son, testified that he was attacked with a cutlass by the appellant after attempting to forcibly enter the appellant's house to collect personal belongings. The appellant claimed self-defence, alleging the victim came with others intending to harm him. The victim sustained multiple injuries requiring surgery.
read moreADJEI J.A: The Appellant dissatisfied with his conviction and sentence by the High Court Koforidua filed an appeal against both conviction and sentence on 11th April, 2013. The appellant was convicted for the offence of use of offensive weapon contrary to Section 70 of the Criminal and Other Offences Act, 1960 (Act 29). The jury panel returned an unanimous verdict of guilty after which the appellant was convicted and sentenced to 8 years I.H.L. The petition of appeal contained two main grounds of appeal namely; “1. That the trial High Court Judge did not adequately direct the jury on the evidence and that occasioned a miscarriage of justice. 2. The sentence is harsh and excessive having regard to the circumstances of the case”. The appellant indicated in his petition of appeal that he would file additional grounds of appeal and he did file three (3) additional grounds of appeal on 18th December, 2013. The additional grounds of appeal are as follows: “1. The trial High Court...