The Republic v Oppong (CC2/022/2023) [2025] GHAHC 207 (5 February 2025)

1 INTHE SUPERIOR COURTOF JUDICATURE,HIGH COURTOF JUSTICE SITTINGATSUNYANION WEDNESDAY, THE 5TH DAY OF FEBRUARY,2025 BEFOREHISLORDSHIPJUSTICE NATHAN P.YARNEYESQ. SUITNO. CC2/022/2023 THE REPUBLIC Vrs KWABENAOPPONG aliasReuben ACCUSEDPERSON JUDGMENT On 24th January, 2025, the Prosecution informed the Court that there had been discussions with the Defence towards a plea bargain. The negotiations were successful, and as a result, the Accused, who had pleaded Not Guilty to the charge ofMurdercontrary toS. 46of theCriminal and Other Offences Act, 1960,Act 29,had agreed toplead guilty totheoffence ofManslaughtercontrary toS.50ofAct 29. The charge of Manslaughter was read out to the Accused Person in the dock and he pleaded Guilty to same, adding that there was no intent on his part to cause the deathofthe deceased Kwadwo Boateng. Upon this plea, the Accused, on the said dated was convicted on his own plea, and sentencing was adjourned totoday, 5th February,025. Ihave heard the addressofthelawyer ofthe Accused Personin mitigation. 2 Any lossofhuman life is avery unfortunateincident, and when it is as aresult ofthe actions of another human being, that is despicable. There cannot be any congenial social existence if in the settlement of scores and disputes people go unbridled in their anger and cause death. It is wrong and cannot under any circumstances be tolerated,except in thosecircumstances where the law deemssuchactionas justified. The Accused Person has pleaded guilty to the charge of Manslaughter. It represents some admission of responsibility for the result of his actions, but with the qualification that he did not intend the death. The facts show that the accused and the deceased were friends and business partners. It was in a moment of cordiality that an argument ensued, within which the unfortunate stabbing happened. What swings in favour of the accused person is the fact that the existing circumstances of familiarity and cordiality between him and the deceased make his claim of not harbouring the intent to cause his death worth considering. The time of the event, being a time of darkness is also something to consider. Then also is the time the accused personhasspent in custody. Taking all the aforesaid into consideration, this Court sentences the Accused person to2yearsimprisonment, time spent in custodytakeninto due consideration. [SGD] NATHANP. YARNEY JUSTICEOFTHE HIGHCOURT 3