[2025]DLCA18390 • July 30, 2025 • Court of Appeal
AKWASI GYIMAH vs. THE REPUBLIC
The appellant, Akwasi Gyimah, was charged with murder for stabbing the deceased, Kwame Nzemah, during a fight on 31 December 1983 at Obuasi. The deceased fled after the appellant drew a knife, but was chased, fell, and was stabbed in the chest, resulting in death from bleeding. The appellant was arrested with the blood-stained knife found in his room. He pleaded not guilty but was convicted and sentenced to death by the High Court, Kumasi.
read moreJUDGMENT Dr. Poku Adusei, JA: The appellant was arraigned before the High Court, Kumasi on a single count of murder contrary to section 46 of the Criminal and Other Offences Act, 1960 (Act 29). The law under which the appellant was charged, tried and convicted provided that: “Section 46 – Murder” “Whoever commits murder shall be liable to suffer death.” The law further defined the offence of murder in section 47 of Act 29 thus: “Whoever intentionally causes the death of another person by any unlawful harm is guilty of murder, ….” The jurisprudence from the courts have established five (5) essential ingredients that must be proved by the prosecution to sustain a charge of murder, namely, that someone is dead; that the person died as a result of harm caused to him; that the harm was unlawful; that the harm was caused by the accused person and no one else; and that in causing the harm, the accused person intended the death of the deceased. See Appah v. the Republ...