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R V. BASARE

(1959) JELR 65268 (CA)

Court of Appeal  •  28 Sep 1959  •  Ghana

Coram
VAN LARE J.A. AS C.J.,GRANVILLE SHARP J.A. ,OLLENNU J.

Judgement

GRANVILLE SHARP J.A.

(His lordship stated the facts, referred to “the incontrovertible evidence” and the failure of the defence of alibi, and proceeded:)

Realising the vanity of any attempt to complain about the summing-up of the learned Judge in relation to the evidence as to the appellant’s responsibility for a wounding which was followed by the death of the victim, Counsel for the appellant took refuge in an additional ground of appeal, which we gave him leave to file. This was as follows:

“The learned Judge erred in failing to consider whether the treatment given to the deceased in hospital may have been responsible for his death.”

As to this, it is enough to say that death resulting from treatment of a wound unlawfully inflicted does not, however inadequate such treatment may have been, exonerate the person who inflicted the wound from responsibility in law for the consequences of his act, unless the treatment itself amounts to murder or manslaughter. The evidence in this case show…

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