Rex V. Kwaku Owusu Alias James Koomson (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal law—Murder–Trial with assessors—Findings upon facts evidencing provocation depend upon view of demeanour_ of witnesses.

Facts

A woman lived with appellant as his, concubine. lie suspected unfaithfulness. She refused to cook for him. They quarrelled. The woman struck the appellant a severe blow on the neck with a billet of firewood. The medical witness described it as a murderous blow. The appellant immediately seized a felling axe, lying in the room, and struck her two blows with it, killing her. After a summing up the assessors were of opinion that appellant was guilty of murder. The Judge, holding that the provocation did not suffice to reduce the charge to manslaughter, convicted appellant of murder.

Held

Since findings were dependent upon a view of the demeanour of witnesses, and there was no misdirection, Court did not interfere. Appeal dismissed.

The appeal is dismissed.