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AKURUGU FRAFRA V. THE STATE

(1966) JELR 67902 (SC)

Supreme Court  •  17 Jan 1966  •  Ghana

Coram
OLLENNU JSC,AKAINYAH JSC,SIRIBOE J.S.C.

Judgement

AKAINYAH J.S.C.: The appellant was convicted at the Criminal Session of the High Court held at Tamale for the murder of his wife, Akani Frafra. Against his conviction he appealed on the following grounds:

“(1) Misdirection

(a) The learned judge failed in law to direct the jury that short of believing the story of the appellant if the story put forward would probably be true he was entitled to acquittal.

(b) The learned judge misdirected the jury by omitting to direct the jury that it is manslaughter and not murder if the accused would have been entitled to acquittal on the ground of self-defence except for the fact that in honestly defending himself, he used greater force than was reasonably necessary for his self-protection and in doing so killed his assailant, i.e. the deceased Akani Frafra. (R. v. Howe (1958) 32 A.L.R. 212; (1958) A.L.R. 753; 100 C.L.R. 448.) (c) The learned judge also misdirected the jury by failing to put the defence adequately to the jury. (2) The verdict is unre…

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