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SOWAH J.A.: The appellant in this case was charged with unlawfully causing abortion on one Christiana Mensa. The jury found him guilty of an attempt to cause abortion and he was then given the mandatory penalty of ten years’ imprisonment with hard labour.
The facts of this case are as follows: The victim, Christiana Mensa, the first prosecution witness, found herself expecting a baby by her boy friend whom she described as a schoolboy and who was incapable of sustaining and maintaining a child if delivered. She therefore conceived of the idea of terminating the pregnancy. The name of the appellant was mentioned to her and she sought him out. Before then, she had discussed her intentions with a friend, Miss Georgina Owusu Afriyie, an office assistant at the Ministry of Agriculture, Koforidua, the sixth prosecution witness, who expressed her fears about the course of conduct proposed and endeavoured unsuccessfully, to dissuade her from embarking upon it. Upon her persuasion, however, Mi…