ODONKOR V. THE REPUBLIC

AZU CRABBE J.A.

On 27 July 1967, we dismissed the appellant’s appeal against that part of the judgment of the High Court confirming his conviction for unlawfully and intentionally causing harm, but allowed his appeal against that part of the judgment whereby the learned judge of the High Court enhanced the sentence passed on the appellant by the learned trial circuit judge. We now proceed to give our reasons.

The appellant was tried summarily in the Circuit Court, Accra, on a charge of causing harm contrary to section 69 of the Criminal Code, 1960 (Act 29). The facts found by the learned circuit judge are as follows:

“The accused and the complainant are employees of Lennards Shoe Company of Accra. On 5 September 1965, there was a party at the residence of the manager of the company, and the complainant who is employed as a driver drove employees of the company including the accused from the company’s yard to the party. At the close of the party the complainant drove the employees back i…