BODUA ALIAS KWATA V. THE STATE

OLLENNU J.S.C.

The appellant was convicted at the Criminal Session of the High Court, of the offence of use of an offensive weapon. Particulars of the offence as set out in the bill of indictment are that he “unlawfully and intentionally caused harm to one Tetteh Bedu with an offensive weapon.” The trial was a jury trial.

Three main grounds were argued in support of the appeal.

These are:

“(1) the learned trial judge misdirected the jury by stating ‘If a rod was used, markings will be on the skin.’

(2) The learned trial judge failed to direct the jury adequately on the nature of the defence.

(3) The learned trial judge failed to direct the jury adequately on conflicts and doubts in the prosecution’s story.”

The only eye witnesses to the incident were the complainant and the appellant. The complainant, the first prosecution witness, deposed that while sitting in his house at about 4.30 a.m. to 5 a.m., he saw two persons, the appellant and another person, going in the direction of a piece of …