APOMA DJAN V. THE REPUBLIC

JUDGMENT

SOWAH, J.A.

The appellant was convicted of Murder contrary to Section 46 of the Criminal Offences Act 1960 Act 29 in a jury trial, and sentenced to death by the trial High Court on 28th February 2019. He is appealing conviction and sentence.

Brief Facts

The facts as presented by the prosecution were that on 23 January 2014 at Kwayanko at Frankadua in the Eastern Region the appellant had intentionally caused the death of his father Samuel Oduro Djan who was an invalid, by sneaking into his bedroom and hitting him on the head with a pestle. PW1, a student, testified that he was taking his bath when he heard the deceased scream. He was rushing to the room of the deceased when he met the appellant coming out holding a pestle. PW2, an older sister of the appellant and daughter of the deceased testified that the appellant had been blaming their father for his inability to secure a job after his university education and used to threaten him. PW3, a pathologist testified about the cause …