MELFA vs. THE REPUBLIC [1973]DLCA2296

Date	1973-11-22
Suit No.
Citation No.	[1973]DLCA2296

SOWAH JA

ARCHER JA

ANNAN J.A.

OKYERE-DARKOH FOR THE APPELLANT.

S. E. ASAMOAH SENIOR STATE ATTORNEY FOR THE REPUBLIC.

[1973]DLCA2296
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">MELFA <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">THE REPUBLIC<o:p></o:p>&nbsp;[COURT OF APPEAL, ACCRA]<o:p></o:p>&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;[1974] 1 GLR 174<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
22 NOVEMBER 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

OKYERE-DARKOH
FOR THE APPELLANT.<o:p></o:p>

S. E.
ASAMOAH, SENIOR STATE ATTORNEY, FOR THE REPUBLIC.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SOWAH, ARCHER AND ANNAN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SOWAH J.A.<o:p></o:p>Sowah
J.A. delivered the judgment of the court. We have listened carefully to the
able submission made by Mr. Okyere-Darkoh in his attack on the conviction of
the appellant but in the end he had to concede that with the evidence as it
stood no reasonable jury could have brought in any other verdict than that the
appellant was guilty of manslaughter. He, however, submitted that the totality
of the evidence indicated that the deceased was the aggressor all through this
unfortunate incident. He referred to the evidence of the principal witnesses
which showed that there was no previous animosity between the appellant and the
deceased.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant had gone to the Credo Bar to have a drink and was sitting at a table
quite different from that at which the deceased and his friends were. The
deceased had a quarrel with one of his own friends and a fight developed
between them. The appellant did what any reasonable man would do, by trying to
separate the two. The deceased picked upon the appellant and beat him up and
threw him onto a fence. Friends who were present advised the appellant to
leave. The appellant’s version was that he immediately left the bar, but was
shortly after followed by the deceased who had removed his shirt and who
attacked him again by beating him up. In the face of the beatings he picked up
a broken bottle and warned the deceased to stop beating him but the deceased
still advanced and he stabbed him.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>It
appears quite clearly from the evidence that the deceased was a man of violent
temper; he even threw away a bottle of beer offered him by a friend and nearly
picked a quarrel with that friend. Mr. Okyere Darkoh submitted that in
pronouncing sentence the learned judge should have taken all these facts into
consideration and that in the circumstances of this case the sentence was harsh
and excessive. The only reason given by the learned judge for the sentence was:
“This is a crime of violence.”<o:p></o:p><o:p>&nbsp;</o:p>We think
that each crime of violence should be considered on its own merits when
inflicting penalty on the perpetrator and that if the learned judge had
considered all the facts in relation to the crime he would not have imposed
such a long sentence.<o:p></o:p><o:p>&nbsp;</o:p>In the
case of Lamptey alias Morocco v. The Republic [1974] 1 G.L.R. 165, C.A. this
court altered the verdict of murder to that of manslaughter and awarded a
sentence of three years’ imprisonment with hard labour in circumstances almost
similar to those before us now, that is to say, where the deceased himself was
the aggressor and met his death in the fight which ensued.<o:p></o:p><o:p>&nbsp;</o:p>Having
regard to the facts of this case which appear to have been accepted by the jury
we think a sentence of four years’ imprisonment w</main>