THE REPUBLIC V ASATE (AR/AKP/CC/D3/03/2025) [2024] GHADC 540 (7 November 2024)

BEFORE HER HONOUR NANA ADWOA SERWAA DUA-ADONTENG JUDGE SITTING AT AKROPONG CIRCUIT COURT ON THE 07th DAY OF NOVEMBER, 2024. SUIT NO:AR/AKP/CC/ D3/03/2025 THE REPUBLIC VERSUS HELINA ASANTE FINAL JUDGEMENT Accused Person (Unrepresented) -- Present Inspector Evans Ayimbisa representing Republic --Present Helina Asante, aged 33 years, Trader, for that you on 4th November, 2024 at about 9:00pm at Tanoso in the Ashanti Circuit and within the jurisdiction of this court, you caused harm to your husband Prince Asante Donkor with a blade. PLEA The court explained to the Accused what the plea of Guilty, Not Guilty and Guilty with explanation were and the effect of each plea. Accused pleaded Guilty with explanation. FACTS Accused person A1 Helina Asante is a trader whilst Complainant, Asante Donkor is an electrician and currently on admission at the Komfo Anokye teaching hospital. Both are married with two children and live in the same house at Tanoso. On Sunday 3/11/2024, A1 took the complainant’s mobile phone and saw a picture of him and his female classmate which resulted into a misunderstanding between them. Next day, 04/11/2024, A2 gave A1 money to cook food which she did but failed to serve A2. At about 9:00pm, A2 was at the hall talking to A1’s aunty on phone. A1 came to the hall and increased the volume of the television with A2 felt she was distracting his call and he also decreased the volume. A1 increased it again and A2 unplugged the television cable from the power source. Both entered into an altercation and in the process A1 took a mosquito bat and hit A2 with it and A2 hit her with a blow and pushed her into the couch. A1 took a blade and slashed the left shoulder and wrist of A2 and blood flew him profusely. A2 felt dizzy and A1 shouted for help. The neighbors rushed to their room and rushed A2 to Komfo Anokye hospital where he was admitted for treatment and a report was made to the police at the Abuakwa DOVVSU. Investigation still continues….. CONVICTION ON OWN PLEA (COP) Explanation of accused person to the charge: My husband is very promiscuous. He was not like that in the beginning. But when he takes other women, he is very affectionate to them even though he is not affectionate to me. He has been making me unhappy in the marriage so I have complained to his uncle but his uncle has been telling me to first be patient. On the night in question, around 11pm, the complainant had a call from a number over and over. So, I asked him who was persistently calling him and he said its his classmate. So, I asked him why he was allowing her to call him so late. He got upset and slapped me so hard my head hit the bed. In anger, I took the blade and slashed him. PRIOR CONVICTION PLEA OF MITIGATION I regret what I did because I did it out of anger. SENTENCE By court: considering the relationship between accused person and complainant, ie husband and wife and the fact that this is a crime of passion and the prayer of the complainant for the court to pardon his wife, it is… that a prison sentence in the case will be harsh and excessive. But the court is also minded that the crime cannot go unpunished and the fact that accused person acted in self defence. She is sentenced to sign a bond of good behavior for 2 years. The complainant is also warned to desist from abusing the accused person. H/H. NANA ADWOA SERWAA DUA-ADONTENG (CIRCUIT COURT JUDGE)