PRACTICE NOTE STATE vs. AMOH [1961]DLSC11012

Date	1961-11-06
Suit No.	-
Citation No.	[1961]DLSC11012

CRABBE J.S.C.

[1961]DLSC11012
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													<main id="main" class="content" style="min-height: 60rem" >PRACTICE NOTE<o:p></o:p>STATE<o:p></o:p>vs.<o:p></o:p>AMOH<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

[1961] GLR 637
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DATE:
6TH NOVEMBER, 1961<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

CRABBE J.S.C.<o:p></o:p>

</div>&nbsp;JUDGMENT OF CRABBE J.S.C.<o:p></o:p>The
function of the trial judge after the conclusion of the whole evidence in
criminal trials with a jury is set out in section 277 of the Criminal Procedure
Code (Act 30) and it reads:<o:p></o:p>“When,
in a trial before a jury, the case on both sides is closed, the judge shall, if
necessary, sum up the law and evidence in the case.” The section
appears to use language which confers a discretion, but we are of the opinion that the expression
“shall, if necessary,” has compelling effect. The duty of the trial judge to sum up the law and the evidence
is not less imperative by reference to the exercise of a discretion, and we think that the duty to sum up, especially in a trial for a capital crime, is as obligatory as it would have been if the words “if necessary” had
been omitted from the section.<o:p></o:p>The summing-up was begun by the learned
trial judge by telling the jury that the accused
was before them on a charge of murder and the place
where the offence was committed. The learned trial judge then continued: “I reminded the jury and warned
them accordingly on the cardinal principles of the law under our Code
and the Common law.”<o:p></o:p>&nbsp;The
crime of murder is defined in section 249 of Criminal Code, Cap. 9. now section
47 of Act 29, as follows:<o:p></o:p>“Whoever
intentionally causes the death of another person by any unlawful harm is guilty
of murder, unless his crime is
reduced to manslaughter by reason of such extreme provocation, or other matter
of partial excuse, as mentioned in section
52”.<o:p></o:p>The
essential elements of the crime are: (1) that the person mentioned in the
charge is dead; (2) death was due to
harm; (3) the harm was unlawful; (4) the unlawful harm was caused
intentionally; and (5) the accused was the one who caused that unlawful harm.<o:p></o:p>The
cardinal principles of law on these essential elements of the crime are stated
clearly in various sections of the
Criminal Code. Throughout the whole of this peculiar summing-up there was no direction whatsoever on any one of these
elements, neither is there reference to any section of the Criminal Code on this topic. The jury were
only instructed on the incidence of the burden of proof without being told
the matters about which proof was
required.<o:p></o:p>