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KOFI ESSEL V. THE STATE

(1962) JELR 64986 (SC)

Supreme Court  •  25 May 1962  •  Ghana

Coram
VAN LARE JSC, SARKODEE-ADOO JSC, ADUMUA-BOSSMAN J.S.C.

Judgement

ADUMUA-BOSSMAN J.S.C.: The appellant was convicted on a charge of manslaughter, the particulars of the offence being that he, on the 22nd February, 1960, at Weija on junction the Accra-Winneba road, unlawfully caused the death of one Doku Gakpetor.

The prosecution’s case against the appellant was that sometime between 7.45 and 8.30 a.m. on the material date, while he was driving a five ton Bedford truck No. AG. 2223 along the Accra-Winneba Road in the direction of Winneba between the village of Odorkor and Weija junction, he drove the vehicle in such a manner as to cause it to collide, just about the point where the branch road from Weija village crosses the main Accra-Winneba road, with another vehicle, a five ton Commer truck No. AG. 1612 which was proceeding ahead of him in the same direction, and in the course of the collision unlawfully caused the death of the person mentioned in the charge.

The question raised for determination at the trial was whether or not the evidence adduced …

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