Republic Vrs Richard Nii Armah [2023] GHACC 224 (21 April 2023)

Republic Vrs Richard Nii Armah [2023] GHACC 224 (21 April 2023)

The prosecution established a prima facie case of domestic violence to wit: physical abuse by proving beyond reasonable doubt that the accused deprived the complainant of access to adequate shelter and rest by packing her belongings and locking her out of the matrimonial home. The evidence was corroborated by multiple witnesses and the accused's own statement. The discrepancies in witness testimony did not go to the root of the matter. The accused must be called upon to open his defence.

Citation
Republic Vrs Richard Nii Armah [2023] GHACC 224 (21 April 2023)
Parties
Prosecution: The Republic; Accused: Richard Nii Armah Quaye
Court
ghacc
Jurisdiction
Ghana
Judgment Date
21 April 2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution's Case
Outcome
Submission of no case dismissed; accused to open defence.
Legal Topics
Domestic Violence, Physical Abuse, Burden of Proof, Submission of No Case, Presumption of Innocence
Source Language
eng
Criminal Law Family Law Domestic Violence Physical Abuse Burden of Proof Submission of No Case Presumption of Innocence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 29 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Richard Nii Armah Quaye

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution's Case

Legal Issues

  1. 1 Whether a prima facie case of domestic violence to wit: physical abuse has been established against the accused under sections 1(b)(i) and 3(2) of the Domestic Violence Act, 2007 (Act 732)
  2. 2 Whether the accused deprived the complainant of access to adequate shelter and rest

Ratio Decidendi

The prosecution established a prima facie case of domestic violence to wit: physical abuse by proving beyond reasonable doubt that the accused deprived the complainant of access to adequate shelter and rest by packing her belongings and locking her out of the matrimonial home. The evidence was corroborated by multiple witnesses and the accused's own statement. The discrepancies in witness testimony did not go to the root of the matter. The accused must be called upon to open his defence.

Court Disposition

Submission of no case dismissed; accused to open defence.

Orders

  • Accused person is called upon to open his defence.