Johnson Vrs Republic [2011] GHASC 12 (16 March 2011)

Johnson Vrs Republic [2011] GHASC 12 (16 March 2011)

The Supreme Court held that the mandatory death penalty for murder under section 46 of the Criminal Offences Act, 1960 (Act 29) is unconstitutional as it violates the prohibition of inhuman and degrading treatment, the right to protection from arbitrary deprivation of life, and the right to a fair trial under the...

Source-derived case information.

Citation
[2011] GHASC 12
Parties
Appellant: Dexter Eddie Johnson; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
16 March 2011
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Murder, Death Penalty, Constitutionality of Mandatory Sentencing, Fair Trial Rights, Inhuman and Degrading Treatment
Source Language
english
Criminal Law Constitutional Law Murder Death Penalty Constitutionality of Mandatory Sentencing Fair Trial Rights Inhuman and Degrading Treatment

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Summary, issues, holding and outcome

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Parties

Dexter Eddie Johnson

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the mandatory death penalty for murder under section 46 of the Criminal Offences Act, 1960 (Act 29) is unconstitutional as being in violation of Articles 15(2), 13(1), and 19(1) of the 1992 Constitution of Ghana.
  2. 2 Whether the conviction for murder was unsafe due to alleged misdirections, admission of hearsay evidence, and lack of proper direction on circumstantial evidence.

Ratio Decidendi

The Supreme Court held that the mandatory death penalty for murder under section 46 of the Criminal Offences Act, 1960 (Act 29) is unconstitutional as it violates the prohibition of inhuman and degrading treatment, the right to protection from arbitrary deprivation of life, and the right to a fair trial under the 1992 Constitution. The Court quashed the mandatory death sentence and substituted it with a sentence of life imprisonment. The conviction for murder was affirmed as the circumstantial evidence was overwhelming and the alleged procedural errors did not occasion a substantial miscarriage of justice.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Conviction for murder affirmed.
  • Mandatory death sentence quashed.