MAHAMA V. THE STATE

OLLENNU J.S.C.

The appellant was tried for, and convicted of the offence of manslaughter by the High Court, Cape Coast, sitting with a jury. When the appeal came up for hearing on 12 October 1964, the senior state attorney, appearing for the respondent, stated in reply to the court that he was unable to support the conviction. The court thereupon allowed the appeal, quashed the conviction and the sentence, and entered judgment and verdict of acquittal; the following are the reasons for that judgment.

The offence of manslaughter is defined in section 51 of the Criminal Code, 1960,1 as:

“Whoever causes the death of another person by any unlawful harm shall be guilty of manslaughter. Provided that if the harm causing the death is caused by negligence he shall not be guilty of manslaughter unless the negligence amounts to a reckless disregard for human life.”

And unlawful harm which is the essential ingredient of the offence is defined in section 76 of the code as, “Harm ... which is intenti…