The Republic Vrs Thompson & 4 Ors [2021] GHASC 159 (17 March 2021)

The Republic Vrs Thompson & 4 Ors [2021] GHASC 159 (17 March 2021)

The Supreme Court held that the particulars of offence in the charge sheet did not meet the constitutional and statutory requirements, as they failed to specify the acts and/or omissions constituting the offences of conspiracy and willfully causing financial loss to the state. The Court affirmed that Article 19(2)(d) of the Constitution requires detailed particulars, and that merely repeating the statutory definition is insufficient. The appeal by the prosecution was dismissed and the Court of Appeal's decision requiring amendment of the charges was affirmed.

Citation
[2021] GHASC 159
Parties
Respondent/appellant: The Republic; 1st Accused/respondent/appellant: Ernest Thompson; 2nd Accused/interested Party/amicus Curiae: John Hagan Mensah; 3rd Accused: Juliet Hassana Kramer; 4th Accused: Caleb Kwaku Afaglo; 5th Accused: Peter Hayibor
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
17 March 2021
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed; Court of Appeal judgment affirmed.
Legal Topics
Particulars of Offence, Right to Fair Trial, Interpretation of Constitution, Disclosure in Criminal Trials, Conspiracy, Causing Financial Loss to the State
Source Language
English
Criminal Law Constitutional Law Criminal Procedure Particulars of Offence Right to Fair Trial Interpretation of Constitution Disclosure in Criminal Trials Conspiracy +1 more

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Parties

The Republic

Respondent/appellant

Ernest Thompson

1st Accused/respondent/appellant

John Hagan Mensah

2nd Accused/interested Party/amicus Curiae

Juliet Hassana Kramer

3rd Accused

Caleb Kwaku Afaglo

4th Accused

Peter Hayibor

5th Accused

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the particulars of offence in the charge sheet met the requirements of Article 19(2)(d) of the 1992 Constitution and Section 112 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30)
  2. 2 Whether the prosecution must provide detailed particulars of acts/omissions constituting the offence, beyond the statutory definition
  3. 3 Whether the Court of Appeal erred in requiring the prosecution to amend the charges to provide further particulars

Ratio Decidendi

The Supreme Court held that the particulars of offence in the charge sheet did not meet the constitutional and statutory requirements, as they failed to specify the acts and/or omissions constituting the offences of conspiracy and willfully causing financial loss to the state. The Court affirmed that Article 19(2)(d) of the Constitution requires detailed particulars, and that merely repeating the statutory definition is insufficient. The appeal by the prosecution was dismissed and the Court of Appeal's decision requiring amendment of the charges was affirmed.

Court Disposition

Appeal dismissed; Court of Appeal judgment affirmed.

Orders

  • Prosecution to amend the charge sheet and provide further particulars of the acts and/or omissions constituting the offences to enable the accused to prepare a defence.