REPUBLIC VRS TAWIAH @ ABOAGYE (B3/27/2023) [2023] GHACC 914 (30 October 2023)

REPUBLIC VRS TAWIAH @ ABOAGYE (B3/27/2023) [2023] GHACC 914 (30 October 2023)

The prosecution proved beyond reasonable doubt that the accused intentionally and unlawfully caused harm to the complainant by strangling her and forcing her to ingest a chemical, with no lawful justification, and the accused's defence was inconsistent and not credible.

Citation
[2023] GHACC 914
Parties
Prosecution: The Republic; Accused: Samuel Tawiah @ Aboagye
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 October 2023
Case Number
B3/27/2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Causing Harm, Burden of Proof, Evidence, Sentencing
Source Language
English
Criminal Law Causing Harm Burden of Proof Evidence Sentencing

Case Brief

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Parties

The Republic

Prosecution

Samuel Tawiah @ Aboagye

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused intentionally and unlawfully caused harm to the complainant contrary to section 69 of the Criminal Offences Act 1960 (Act 29)
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused intentionally and unlawfully caused harm to the complainant by strangling her and forcing her to ingest a chemical, with no lawful justification, and the accused's defence was inconsistent and not credible.

Court Disposition

Conviction and sentence

Orders

  • Accused found guilty of causing harm contrary to section 69 of the Criminal Offences Act 1960 (Act 29)
  • Accused sentenced to four years imprisonment with hard labour