REPUBLIC VRS AMPAH (B3/15/22) [2024] GHADC 118 (26 February 2024)

REPUBLIC VRS AMPAH (B3/15/22) [2024] GHADC 118 (26 February 2024)

The prosecution failed to prove beyond reasonable doubt that the accused caused harm as defined under section 69 of Act 29, but the evidence established that the accused unlawfully assaulted the complainant by hitting him with a stick, warranting conviction for assault as a lesser offence under section 84 of Act 29 and section 154(2) of Act 30.

Citation
REPUBLIC VRS AMPAH (B3/15/22) [2024] GHADC 118 (26 February 2024)
Parties
Prosecution: The Republic; Accused: Samuel Ampah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
26 February 2024
Procedural Posture
Criminal / Judgment
Outcome
Conviction for assault; acquittal on causing harm
Legal Topics
Causing Harm, Assault, Burden of Proof, Lesser Included Offence
Source Language
eng
Criminal Law Causing Harm Assault Burden of Proof Lesser Included Offence

Case Brief

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Parties

The Republic

Prosecution

Samuel Ampah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused intentionally and unlawfully caused harm to the complainant under section 69 of Act 29
  2. 2 Whether the facts support a conviction for assault as a lesser offence

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused caused harm as defined under section 69 of Act 29, but the evidence established that the accused unlawfully assaulted the complainant by hitting him with a stick, warranting conviction for assault as a lesser offence under section 84 of Act 29 and section 154(2) of Act 30.

Court Disposition

Conviction for assault; acquittal on causing harm

Orders

  • Accused sentenced to 200 penalty units or in default eight (8) months imprisonment
  • Accused to sign a bond to be of good behaviour for twelve (12) months